Historic, Archive Document
Do not assume content reflects current
scientific knowledge, policies, or practices.
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NORTHERN PLAINS
GOVERNORS' CONFERENCE
AUGUST 24-26, 1992
TABLE OF CONTENTS
Introduction . 1
Governor’s Welcome
Honorable George S. Mickelson, Governor, South Dakota . 3
Fossils for the Future
Henry K. Ferrell, Editor, Omni Magazine . 11
Issue 1 : Public Awareness and Education
Hugh Genoways, Director, Nebraska State Museum . . 17
Issue 2: Economic Development
Charles E. Clay, President, Mammoth Site . 21
Issue 3: Private Landowner Rights
Shirley Floden, South Dakota Task Force on Paleontology . .23
John Hoganson, Paleontologist, North Dakota Geological Survey . 29
Issue 4: Public Land Management
Moderator: James Carson, USDA, Forest Service . . . 35
John Pojeta, USGS, Reston, Virginia . 39
Pat Leiggi, Museum of the Rockies . 47
Issue 5: Conservation and Preservation
Jason A. Lillegraven, University of Wyoming . 53
Panel on Current Paleontological Topics
Moderator: Michael E. Nelson, Head, Division of Science, Northeast Missouri State University
Gregory Garon, Amateur Collector, Manager, Timberlake Area Museum . 61
Wade Winters, Amateur Collector, High School Educator . 65
Robert Emry, Department of Paleobiology, Smithsonian Institute . 69
Peter Larson, Commercial Collector, Black Hills Institute of Geological Research . 75
Gregg Bourland, Chairman, Cheyenne River Sioux Tribe . 79
Tom Conger, Private Landowner, Buffalo Gap, South Dakota . 83
Robert Reynolds, San Bernardino County Museum . 85
Panel Moderator Summary . 87
Conference Attendee Comments . 89
Appendix A - Registered Participants . 189
Appendix B - Conference Budget Summary . 195
Introduction
The goal of the Northern Plains Governors’ Conference was to establish a groundwork for a coordinated
regional approach to integrate education, economic development, and protection of the vertebrate fossil
resource by considering both public and private interests at the national, state and local levels. The Confer¬
ence was to be a public forum where land managers, professionals, amateurs, hobbyists, and other interest¬
ed parties could convene for the purpose of exchanging information and identifying issues concerning
management, protection, and rural economic development issues related to finite, irreplaceable, vertebrate
fossils. Planning for the Conference began in 1 991 , when the USDA Forest Service, Nebraska National Forest
contacted South Dakota Governor George Mickelson and offered to organize the event.
The National Park Service, South Dakota School of Mines and Technology, South Dakota State Historical
Society, and University of Nebraska-Lincoln accepted the Forest Service offer to assist in planning efforts.
Representatives from these organizations came together to organize and plan the Conference, which took
place August 24-26, 1992 in Rapid City, South Dakota.
Unforeseen events caused the early cancellation of the Conference before attendees could address the
issues in discussion groups. These proceedings have attempted to capture the ideas, comments and
concerns that would have been raised during the issue discussion which was to be held on August 26, 1 992.
2
NORTHERN PLAINS GOVERNORS' CONFERENCE
Rapid City, South Dakota
August 24-26, 1992
Welcome to "Fossils for the Future." I have
always thought of fossils as those magnificent
skeletons of animals that roamed the earth
millions and millions of years ago that you find
in museums throughout the world. For a long time,
I thought the principal question concerning the
collecting of fossils like dinosaurs related to
how dinosaurs became extinct.
I don’t believe this is right. My thoughts
were on the importance of the scientific interests
in these vertebrate fossils when I agreed to the
request of Bob Storch, who was then superintendent
of the Nebraska National Forest, to host a
governors’ conference on Fossils for the Future.
Recent events in our state concerning the
collecting of fossils have helped me better
appreciate the issues relating to the formation of
public policy governing the collecting of fossils.
3
There is a need to examine the current
policies regulating the collecting of fossils. My
office has received more correspondence on this
conference topic than any other conference that
I've sponsored in my six years as Governor. We
have heard from the amateur collectors, the
commercial collectors, the federal and state land
managers, museum directors, and several others.
These letters have ranged from admonitions to
cancel the conference, to statements of position
about opening or closing the collecting of
fossils, to appeals to include numerous topics and
speakers on the conference agenda.
It is perhaps an understatement to conclude
that the feelings about fossils for the future are
intense, strong and divergent. But, most of all,
the effect of these inputs is to reinforce the
need to re-examine public policy concerning the
collecting of fossils. This conference is but one
step in the vital process of examining public
policy issues in a balanced manner. This
conference must provide opportunity for the open
discussion of those issues that impact the
availability of fossils for the future. In short,
we are certainly experiencing the heat, now let’s
4
see some 1 ight .
You must help address issues that range from
the abundance of microscopic creatures that swam
in ancient seas to the need to safeguard the
scientific information associated with the
collecting of the rare, nearly complete specimens
of animals. Yet, like coal and oil, these fossils
of animals are a precious nonrenewable resource.
The increasing interest in fossils help us to
recognize the need to achieve balance in the way
we approach public policy about collecting and
protecting these precious fossil resources. We
must seek balance in the consideration of the
interests of the many amateur collectors who enjoy
the thrill of roaming open lands in the hopes they
may discover such a special find. We must balance
the interests of the commercial collectors who
also seek to discover and market that special
find.
There is a need to develop public policy that
will balance the over abundance of some fossils
with the apparent need to protect the availability
of the scientific information to be gained from
5
the discovery of a new fossil type. I hope all of
you participating in this conference will seek
ways to balance the legitimate expectations of the
general public that fossils will continue to be
available to provide information about the past.
Today, perhaps more than ever before, we must
recognize that the resources available to
government are limited. In south Dakota, we are
learning that much can be achieved by tapping the
resources of government to assist in economic
development in the private sector. Thus, there is
a need to seek a balance between commercial
collecting and the responsibilities of federal and
state governments to protect fossils on behalf of
the public. While you may find that the interests
of the commercial collector and the interests of
the government are simply too far apart on the
collecting of fossils to achieve balance, the
potential for leveraging the resources for
scientific study that could be made available
through cooperation between commercial and
government collectors certainly should encourage
the participants of this conference to carefully
consider such an option. The options available
6
might include the use of high resolution modeling
of the fossils to provide a mechanism for the
marketing of copies of the specimen while also
retaining the specimen for continued scientific
study.
In 1987, the National Academy of Sciences
issued a report with recommendations that address
some of the issues related to collecting fossils.
The report notes that the "committee’s specific
recommendations are designed to reduce rather than
promote regulation." This conference provides an
excellent opportunity to further address the
issues raised in the report and to consider more'
recent perspectives not included in this report.
The recommendations of the National Academy
of Sciences report include a call for the
development of a uniform national policy of
paleontological collection for all federal
agencies. The report recommends that each state
adopt a uniform paleontological policy for
state-owned lands. The recommendations also call
for possible changes in the regulations governing
collecting permits. These recommendations appear
to represent the views of some in the scientific
7
community concerned with fossils and have the
support of the association of commercial
collectors. I am also aware these recommendations
do not have the support of other members of the
scientific community.
I believe the formation of public policy is
best accomplished through complete discussion of
all the pertinent issues. I urge your attendance
today to seek to rise above the emotions of recent
events and search to find those areas of consensus
that can be forged into good public policy. I
have come to appreciate the great importance of
developing balance in all aspects of our public
policy for the collecting of fossils. The
potential value of the scientific information
contained in some fossils is simply too great for
us not to at least attempt to find workable
solutions. I encourage all of you to join in the
dialogue that must occur if we are truly to
develop processes that balance the many legitimate
interests concerning our fossils for the future.
I thank Mary Peterson, who has followed Mr.
Storch as superintendent of the Nebraska National
Forest, and the many other persons representing
8
public, private, commercial and amateur
collectors. I thank Dr. Gowen and the staff of
the South Dakota School of Mines and Technology
and the many others who have worked together to
bring this conference into reality.
I look forward to gaining insight from the
discussions of the next two days as we seek to
ensure the availability of fossils for the future.
Honorable George S. Mickelson
Governor, South Dakota
9
10
Ferrell: Fossils
Keynote: 8/25/92
FOSSILS FOR THE FUTURE
Keith Ferrell, EDITOR, OMNI MAGAZINE
Thank you. We are here to talk of fossils, and of the future. Of ancient
creatures, and of the day after tomorrow. Interesting topics, fraught
with contention .
The contenders will weigh in later, today and tomorrow, and doubtless in
the weeks and months ahead. I, as you, look forward to hearing the
debate, to learning more of the various points of view, the often
passionate beliefs, the arguments well-reasoned and otherwise, the
strong opinions .
For we do hold strong opinions on these topics. We are drawn to fossils,
we humans, as we are drawn to few other things. Perhaps the sea calls to
us as strongly, perhaps the stars. Eut we hear the fossils' call too and
for most of us their attraction begins in early youth, a captivation,
for some a compulsion, a resonance. Dinosaurs .
Why do we hear this call so clearly? Why do dinosaurs speak so strongly
to us? I don't know for sure. I've heard it said that it's because
dinosaurs are bigger than our parents. Could be -- certainly a child
displeased with Mom and Dad could use a fearsome, toothy, tall pal,
however reptilian.
But the romantic in me thinks there's something more than child
psychology at work here. There is the past, the geologically distant
past, another world from our own. A lush and dangerous world, primal,
not without its appeals to we creatures of cities and sidewalks
and. . .conferences .
At OMNI, we deal in science fiction as well as science fact, using
fiction as a filter, an artistic lens through which we examine matters
scientific, a place where two cultures can come together. Few themes
11
Ferrell: Fossils
Keynote: 8/25/92
strike a more responsive chord with our readers than the theme of time
travel, particularly travel to prehistoric times. Our readers would
rather travel back to see a dinosaur than to see the crucif iction, or
even Elvis.
To go back, to walk through that vastly distant, vastly different world
of dinosaurs. In the hands of skilled science fiction writers, which is
to say in artistic hands, this theme comes alive, placing humans in a
saurian context, in prehistory, showing us clearly another reason why we
are so drawn by the dinosaurs.
It is because of their power and because of their demise. What a
successful form of life they were l How long they lastedl And yet thej did
not last forever, did they? For all of their size and power, they did
not last forever. Any more, on an individual level at least, than we
will. The bones of the dinosaurs speak to us of mortality, of the
fragility of life even at its most potent and powerful. The bones sing
an elegiac song, and most of us hear it at one time or another.
They sing, perhaps even more, a song of mystery as well, of mysteries
beyond age, mysteries that ache to be solved. We ache to solve them.
Is there a more romantic calling than that of the paleontologist? The
field sleuth — academic, amateur, institutional, professional,
commercial — coaxing the earth to yield the secrets of its earlier
inhabitants. Indiana Jones could not come close to being so cool, so
dashing, so bold in engagement with the stuff of prehistory. The
paleontologist — professional or amateur — is herself or himself in
popular culture a creature of near-myth.
We in this room know the truth, don't we? It is cool, way cool as my 14
year old son might say. Paleontology appeals to us because it is
tactile, it smells of the earth, of nature and the natural world, of our
world's past. We cannot be astronauts. We can't work, most of us, with
recombinant DNA. Particle physics eludes the majority. We can read of
12
Ferrell: Fossils
Keynote: 8/25/92
these things — and fortunately for OMNI several millions do each month
— but we can't practice them.
But paleontology, ahl Vertebrate, invertebrate, botanical, all of it.
Here is a science, so it seems, where we might all join in. Here is a
scientific song the layman might sing.
And this has been true for well over a century, and, humans being
humans, the desire to see fossils, to touch them, and, perhaps
problematically, to collect them and own them, seems likely to last into
the future.
Which is why we are here, finally, to open a dialog, and I hope it will
be a reasonable dialog from all sides, about fossils, the future, and
the future of fossils.
OMNI is a magazine of the future. We speculate, we extrapolate, we
project, and occasionally we predict, but always cautiously. I'll make a
prediction now: the issues in play at this conference will not be fully
resolved today, and maybe not even tomorrow.
But here's another prediction, a more hopeful one: we are in the opening
stages of a dialog that can, and maybe will, lay a foundation and a
groundwork for protecting not only a precious and finite resource, but
also for protecting public participation in the case of our fossil
resources .
This will not be accomplished without hard work and even pain. Voices
may be raised. Ways of life that have preceded unimpeded* for generations
may be called into question. Passions, habits, incomes, and traditions
are on the table, and that ensures strong feelings.
Again at OMNI, one tool we use for looking at the future is our
awareness of the past. Be aware of the past — not just the geologically
distant past — as you work through these issues. Be aware of what is at
stake for the people involved.
13
Ferrell: Fossils
Keynote: 8/25/92
Above all, thinking about fossils for the future, focus on the fossils
themselves, not simply on labeling the various parties involved. Be wary
of fiat by academic credential. There are skilled amateurs and sloppy
academics, honorable commercial collectors and less than competent
institutional ones. These resources are so precious that their future
must belong, must be entrusted to, a partnership committed to the
preservation of information, of the information held by the fossils. All
of the voices must be heard. What matters are the skills brought to the
field, and the goals and purposes to which those skills will be put.
Most of all, I would suggest, I would urge you to seek a consensus that
preserves for the future as much as is possible of the public passion
for fossils.
That passion for paleontology, for participation in the science is
itself a precious resource. We hear constantly of the crisis in science
education in this country. Well, here is a chance to do something about
it. We have called at OMNI for the creation of a sort of science corps,
a means of informing and exciting people about the glory of the
scientific method, its precision and its rules.
I urge that you incorporate an approach to public education in your
plans. The first step along such an approach is to make certain the
public knows that fossils are not inexhaustible resources, that, as a
finite resource, their future is by its very nature endangered , that as
relics of living things, each fossil is unique, that damage can be done
by the unprepared or untrained, however genuine their enthusiasm.
But that is not enough. We must take steps to ensure that the serious
amateur, the ones willing to make a commitment to their passion, are not
denied the opportunity to practice it. Help the public learn the skills.
Encourage the creation of classes, the development of materials, the
support of special interest groups, of clearinghouses for the sharing of
knowledge and expertise. So that more of those who go out in search of
fossils understand just how precious an item it is that they seek, and
14
Ferrell: Fossils
Keynote: 8/25/92
can bring to their search the requisite abilities needed to avoid damage
to the sites they find. And they will find sites — science has always
benefited from the participation of the skilled amateur. To deny science
the insights and enthusiasms of lay participants is to weaker ever
further our culture, we already suffer from too many people thinking of
science as a priesthood, or worse a cabal, remote and unattainable,
manipulative. Embrace, educate, and encourage the public, and your job
will be made easier.
Many jobs will be made easier. An educated public will serve as a
defacto protective force on public lands. They will help guard its
trust, if they know what they are protecting.
And as for the commercial collectors? Again, I urge reason. Look at the
fossils, how they are treated, where they are bound. Perhaps we finally
cannot afford for higher vertebrate fossils to bear price tags, to
become commodities, objects d'art for privileged households. But think
of fossils as bits of information, irreplaceable, and ask if their
information will become a part of our species' global storehouse of
knowledge, accessible to scholarship, available to public view. If so,
it may not ultimately matter so much whether the collector is academic,
commercial, or amateur. What matters is that the resource will be
shared, available, accessible. Part of our intellectual heritage, not
lost to it.
Above all, by way of creating an environment that drives collection
underground, into haste and stealth and darkness — that way lies true
vandalism.
What is the purpose to which the fossils will be put? That is the
question that must be foremost in our minds.
And just as typecasting can get in our way when classifying
collectors — these are good, these are bad — so can taxonomy, the
naming of names, get in our way when thinking about the purpose to which
you are gathered.
15
Ferrell: Fossils
Keynote: 8/25/92
In my mail, in conversation, in comment I have heard these words from
several sides — management, regulation, restriction, rules. Throw these
words out. They muddy the waters. What is involved here is too precious
for the older tools of bureaucracy — we are in need here, as in so many
parts of our world, we are in desperate need of new paradigms. Tools for
the 21st Century, we call them at OMNI.
What sort of tools? Well, words are just words, and I have said a lot of
them here. You just heard a few, the restrictive ones, the exclusionary
ones. Let me leave you with some substitutes. Stewardship. Caretaking.
Nurturing .
Of the land, yes. Of the fossils, of course. But also of the public
imagination, that so very human curiosity, the urge to see and touch the
past, to know what that past was like, what great creatures strode
through it. To travel through time, to hear the songs the fossils sing.
That's precious, too, and I wish you luck and, indeed, wisdom, as you
approach these large issues.
The future of the fossils and our relation to them, deserves, demands no
less . .
16
FOSSILS FOR THE FUTURE
NORTHERN PLAINS GOVERNORS' CONFERENCE
AUGUST 24-26, 1992
BRINGING FOSSILS TO LIFE
Hugh H. Genoways
I am not an academic paleontologist. In fact, I am not trained to be either a
professional or amateur paleontologist. However, as Director of the University of
Nebraska State Museum, I have administrative responsibility for one of the truly
great Cenozoic mammal collections in the world. Emanating from this world-
class collection are research programs in vertebrate paleontology, formal science
education programs, and informal science education programs.
The goal of our research programs in vertebrate paleontology is to generate new
knowledge about the history of life on earth. This is certainly not a complete
picture, but much more like a jigsaw puzzle with most of the pieces missing
Each new discovery, each new fossil then becomes vitally important. It adds to
completing the picture no matter how small a piece it may add.
Research also feeds directly into support of the formal science education
programs which are primarily conducted at the undergraduate and graduate
levels. This teaching is done for general students as part of a liberal education
because we believe that it is important for everyone to have some understanding of
the history of life on earth. Formal science education is also obviously done for
education of future professionals in paleontology, geology, biology, etc.
Our informal science education programs take the form of public education
programs, programs for K-12 children, and public exhibits. The goal of our
informal science education program, as for other natural science museums, is
improving our nation's appallingly low level of "science literacy". One of the keys
to natural history museums promoting popular interest in science has been
fossils. Dinosaurs and other fossil animals probably have never been more
popular. They are the subject of many programs in the public media, particularly
television. Popular books for both children and adults feature all types of fossil
animals.
This obvious interest in fossils and the need to improve science literacy has lead
several agencies to provide new funding for informal science education. The
University of Nebraska State Museum has successfully competed for these funds
for programs that focus on fossils. A major grant was received from the National
Science Foundation to construct a gallery dealing with life in the Mesozoic Era in
Nebraska. Besides constructing this public exhibit, we will be dealing with K-12
schools to develop educational programs about this Era that can be incorporated
into their curricula. The Howard Hughes Medical Institute has given us funding
to increase our outreach programs to all schools in Nebraska. Some of these
outreach programs which will feature minority researchers will focus on fossils.
The first will deal with the research of Dr. Michael Voorhies at Ashfall Fossil
Beds State Historical Park.
17
To illustrate how fossils can an are used to increase public education and
awareness, we can look at the programs of the University of Nebraska State
Museum, I offer these as examples not because they are unique, but rather
because they are rather typical of the public programs of other natural history
museums. The traditional method for presentation of fossils to the public has
been through exhibits, In many cases, the presentation will be as mounted
skeletons. An extension of these mounts is to do life reconstruction based upon
these skeletons such as our Allosaurus . The ultimate "evolution" of this form of
presentation is the automated dinosaurs presented by Dinamation International
and the Kokoro Corporation.
Many of our public programs are based upon facilities in our primary public
building, Morrill Hah. Over 10,000 school children each year come for programs
in our Encounter Center. This hands-on room features fossils as one of the
primary teaching tools. Other inhouse programs utilizing fossils are gallery
talks on dinosaurs for school groups and "Sunday Afternoon with a Scientist
which i3 a monthly series of programs that brings the Museum scientists
together with visitors to Morrill Hall.
Because we are the State Museum, as well as the University museum, we have a
mission to supply informal science education programs throughout Nebraska.
We do this in several ways. We provide hands-on specimens including fossils and
associated curricula in prepackaged kits that we call "Encounter Kits". These
can be shipped to any school in the state. Also, staff members participate in a
wide variety of events such as gem and mineral shows and the State Fair. The
State Museum also operates two branch museums which are built primarily
around fossils. The Trailside Museum has existed for 30 years in the fossil rich
areas of northwestern Nebraska. The Ashfall Fossil Beds State Historical Park is
a cooperative program with the Nebraska Game and Parks Commission
established because of the magnificent fossil discovery of Dr. Michael Voorhies.
These facilities present educational programs for general visitors, as well as K-12
school groups. This past summer we held a pilot program at Ashfall aimed at
providing training about fossils and fossil collecting for teachers, amateur and
paraprofessional paleontologists, and gem and mineral club members. We are
adapting to our circumstances the very successful "Certification Program in
Paleontology" from Denver Museum of Natural History.
The goal of our programs as with other natural history museums is to create a
scientifically literate population, in our case in Nebraska. This includes creating
an educated political system at all levels that can make informed decisions about
the environment and the preservation of natural and scientific resources such as
fossils. Our hope is also that we are helping create the next generation of
scientists. Science is not easy. We must spark an interest and enthusiasm for
scientific inquiry at a young age so that these children will stay with the
necessary program of education that will last into adulthood.
The basis of these public programs is an area of the Museum seldom seen or
thought about by the public. These research collections of the Museum are vast
storehouses of knowledge. These collections must be stored in an ordered fashion
and must be under the constant supervision of professionals. Most of these
18
collections are not appropriate for exhibition but are scientifically important
because they document the published research of the past and serve as the raw
material for future research. Fossil specimens, as with other natural history
specimens, are not "used up" when they have research performed upon them.
Actually, the opposite is true. The more research performed upon a specimen the
more valuable it becomes because it serves to voucher that research. Science
requires that studies be repeatable and for specimen-based research, the
specimens upon which the research is based must be available.
Of equal value to the specimens themselves is the documentation and data that
accompany these specimens. For all fossil specimens, at least the following data
must be recorded: 1) precise geographic origin; 2) precise stratographic origin; 3)
taphonomic relationships; 4) accurate regional geology. Without these data or
with the loss of these types of data, the specimens will reach a point where it will
no longer have scientific value and can be used at most only for its aesthetic value.
We at the University of Nebraska State Museum are gravely concerned about the
future of the fossil resources on our public lands that contribute to our research
programs and ultimately to our public programs that lead to public awareness of
science, fossils, and the history of life on earth. We have had the oppoitunity at
the Museum to view the destruction and loss of fossils on public lands within our
own state. A grant from the Nebraska National Forest, U. S. Forest Service,
allowed our staff to survey collecting activities in the White River Badlands in the
Ogallala National Grasslands. Members of my staff have documented the illegal
removal of fossils and in some cases the deliberate destruction of the less
commercially valuable pieces. Some may claim that the fossils were removed by
amateurs who wjere not aware of the collecting laws. However, in several cases
the pieces that were removed must have weighed several hundred pounds and in
one case the hole that was left could hold a full-sized pickup truck. This is not the
work of amateurs on a Sunday afternoon. Do you believe that the individuals who
have illegally removed these fossils from our public lands have recorded precise
locality and stratographic information on these potentially valuable specimens?
Our visits to the Tucson and Denver gem and mineral shows and regional gift
shops document that these data are not being recorded.
We believe that the commercialization of fossil resources has lead to these illegal
acts and will ultimately lead to major problems for our natural history museums.
We are slowly, but certainly, losing access to the fossil resources upon which our
programs are based. First, we simply don’t have the financial resources to
compete in this marketplace. We also have ethical considerations. The new Code
of Ethics of the American Association of Museums requires that funds obtained
from the sale of specimens and artifacts can only be used to obtain additional
specimens for the museums collections. Clearly, the museum profession is
discouraging the commercial market in museum specimens and artifacts.
Finally, the greatly inflated commercial value of fossils will certainly add to the
security burden of natural history museums. At a time when museums would
like to make exhibits more accessible, they will need to increase security and the
most cost-effective method will be enclosing the fossils in cases to separate them
from 'visitors. Even specimens in research collections will need increased
security as a recent theft at ihe University of New Mexico has illustrated
19
The profession of paleontology had its roots in amateur collectors in the last
century who began collecting fossils for their cabinets of curiosities. Ultimately,
some among these amateurs devoted their lives to the study of fossils leading to
the origins of the profession of paleontology by the mid 1800's . As the great
natural history museums, particularly in this country, began greatly expanding
their collections they contracted with professional collectors to undertake
expeditions on their behalf. These contract paleontologists were collecting for a
specific museum or museums and were expected to preserve standard data with
the specimens to preserve their research value. Only in the last 25 years have we
seen the rise of commercial fossil collectors. Their primary motive is monetary
and will cut all costs that reduce their profit margins. They advertise both
domestically and overseas, both privately and via catalogues. They sell to private
collectors, interior decorators, gift shops, etc., as well as museums. I find it
interesting that the commercial collectors have tried to make it appear that they
are allied with the amateur collectors and contract collectors when really their
only loyalties lie with the profits to be made. Clearly the long- term relationships
among these groups have been between amateur, contract, and professional
paleontologists.
I know that the conflict between commercial fossil collectors and professional
paleontologists has been characterized by some of the popular media as the
modern day version of the rivalry between Cope and Marsh in the late 1800s. 1 do
not agree with this analogy. I tend to agree with one of our famous dinosaur
researchers that those people who engage in illegal collecting on public lands,
who are willing to change dates of discovery and locality information, who do not
keep field records that meet the modern professional standards are really "thieves
of time". This was not how Cope and Marsh operated. They were intense, bitter
rivals, but their fossils may still be seen in the great museums for whom they
worked. The data are associated with the fossils so that they may be researched by
our present scholars.
Therefore, to the title of this conference "Fossils for the Future" , I would add
several subtitles:
1) that the fossils be precisely and correctly documented;
2) that the fossils be maintained and conserved for a long period
of time;
3) that the fossils be readily accessible in suitable institutions to
all scholars who want to study them.
This is the only manner in which research on fossils may proceed into the future
giving us a better picture of the story of the history of life on earth that we can
present through our public education and exhibition programs.
20
ECONOMIC DEVELOPMENT
MARKETING FOSSILS
Charles E. Clay
There are many questions to be answered before we have a sound basis for
developing a policy of marketing fossils.
Federal Statutes are very clear about the ownership of veined minerals. There
is a different standard for the ownership of oil, gas, and coal. There is no
clear policy on the ownership of fossils.
If they are found on private land there is no question under present statutes
that they belong to the person who owns the land. If they are on public lands,
do the regulations governing the disposal of public property prevail? Is
advertising a public auction required? Does the governmental agency have to
declare the fossil non-essential or surplus property before disposal as now
required? We may not yet have the answers, but at least we can begin the
dialogue .
There are many ways to market fossils depending on whether the ownership is
individual, public, or by private corporations.
One of the successful examples of marketing fossils is the Mammoth Site of Hot
Springs, Hot Springs, South Dakota.
A bit of historic background on the site may be helpful in understanding the
operation .
As in many cases the discovery was accidental. Mr. Philip Anderson was
clearing land for a housing project. The dozer operator was using the land
from a large hill to fill in the low areas for construction. In the process
the blade uncovered a 14 foot tusk, along with other bones.
The son of the equipment operator, Mr. Dan Hanson, was a student of Dr. Larry
Agenbroad who was teaching at Chadron State College in Chadron, Nebraska. Dr.
Agenbroad and Dr. Jim Mead inspected the site. After several days of digging,
they determined that it was a significant find.
Mr. Phil Anderson stopped all work on the site until further excavation could
be completed. During the years 1975 through 1978 Dr. Agenbroad conducted
summer excavations with the assistance of Earthwatch Teams. Each succeeding
dig proved the site was an exceptional deposit of Columbian Mammoth. In 1988
Dr. Agenbroad determined that excavation should stop until the site was
protected by a building. In 1980 the Mammoth Site Board of Directors was
reorganized and a major fund drive started to construct a building over the
site .
The funding for the construction of the building is an outstanding example of
cooperation between the private sector, State and Federal agencies.
21
The Mammoth Site Corporation was able to raise $200,000.00 through private and
corporate contributions, the Bush Foundation contributed $165,000.00 because of
the scientific importance of the site, the Economic Development Administration
contributed $395,000.00 due to the creation of jobs in the Hot Springs
community, and the State of South Dakota contributed $50,000.00 to cover the
interest payment for the first two years on the bank loan of $250,000.00
secured by the Mammoth Site Corporation.
The Mammoth Site has certainly accomplished its goal of economic development.
The project started with all volunteers and a budget of $5,000.00. In 1992 the
site had seven full-time employees and 29 seasonal employees with a budget of
approximately $600,000.00, most of which stays in the Hot Springs community.
It is estimated that an additional one and a half million is spent in the
community. The Mammoth Site has had 93,000 visitors so far this year.
Another important aspect of the Mammoth Site is the Educational Outreach
Program .
The mission statement of the Mammoth Site is as follows: First, to protect the
scientific integrity of the site; second, to develop and disseminate scientific
information about the site; and third, to create a meaningful and enjoyable
experience for the people who visit the site.
We have a person who visits the area schools presenting a program about the
site. As part of the program the children visit the site where they are
exposed to various "hands-on" projects. In 1991 more than 250 classes visited
the site.
We have a very active program working with foreign scientists. The Mammoth
Site pays for their transportation, food and lodging, and a stipend for the
visiting scientist. We have had scientists from Italy, the Netherlands,
England, and Russia doing studies at the site. The visitor does research with
Dr. Agenbroad and Dr. Mead. At the conclusion of their work they jointly
publish a scientific paper on their findings.
In 1991 we had requests from 27 foreign countries asking for information on the
site. Over the past ten years we have had hundreds of scientists visit the
site .
The Mammoth Site Board of Directors feels we have an obligation to support all
aspects of Quaternary research. To that end we have established a Quaternary
Research Support Institute to assist other scientists in furthering their
studies of the region. We feel there is an exciting future for this and other
sites yet to be developed. If we can be of help with your project, let us
know .
The Mammoth Site has been successful in merchandising fossils by leaving them
in place, making sure they are properly preserved and at the same time giving
the visitor an exciting peek at an ancient event. May you have as much success
with your projects.
22
Headache or Haruest--$hirley Floden
I would first like to say that I make no pretense of being an expert on
anything. Like Barbara Bush "What you see is what you get," 1 am with my
husband a private landowner, I am not a typical private landowner. Anyone
that knows rural people knows there are no typical landowners. The one
thing that is typical about most of us is that we are all rugged individualist,
I have not been elected to represent anyone, We have however for the past
I I years been members of a. team of neighboring ranchers that have worked
with professionals in our community for the discovery and recovery of local
fossils. I can speak for that team, Anyone working with the caliber of profes¬
sionals that we were privileged to work with could not find fault with this
amateur /professional relationship, I know of landowners m other parts of the
state working with different professionals that have had the same satisfactory
experience Keeping the fossils for the people of the state of South Dakota has
been our ultimate goal. This fact plus being a life member of the South Dakota
Historical Society gave me the opportunity the past year and half to serve on
their Paleontology Task Force, We have struggled to look at the many sides of
the issue of fossils on public land, I am the only private landowner of the
group, so I have made it a point to visit with other landowners about the
issues, These include cattlemen that use National Forest land, ranchers that
use grazing on National Grasslands or Indian Trust lands as well as those that
have State lands in their operation. We (my husband & I) have also made it a
point to visit fossil areas m other parts of our state and also in several
neighboring states. It is all these experiences that have brought me to this
point to speak to you today.
A friend facetiously suggested that the way for private landowners to
solve their problems is to strap on their trusty six-shooter. I decided a double
barrel was better, since I'm not much of a. marksman. However I did not come
to entertain you. This is a serious issue and the solutions have long range
consequence ,
Defining the problem.
The states invited to this conference represent vast areas that contain
fossil bearing material. That type of land generally is not farm ground ,
Looking at maps that show the public land, in this case BLM surface
management maps. We see fairly solid blocks in National Forest, National
Parks. National Grasslands and Reservations. There is however a lot of public
land that lies in a checkerboard pattern with the private land. This land is
F o s s 1 1 s f o r the F u t u re , G o v e rn o r ‘ s C o n fere n c e 8 / 2 4/ 92— 8 / 2 6 / 9 2
23
Headache or Haruest — Shirley Floden
likely an integral part of some ranchers operation. Any rancher that leases
such lands knows that he shares the use with many other interest. It is this
variety of interest where frictions might occur . The private landowners main
concern is his herd and its access to grass & water. His livestock is his living.
The many other groups, the public (recreation or other ), the fossil collectors
and scientists . the public land manager and sometimes other interests such as
timber, mining and oil, have vastly different interest in the same land. Some
of the problems of this multiple use that has been reported to me is as
follows: Leaving gates open or cutting fences, moving stock off water,
destroying grass by driving off trails or setting fires (catalytic converters), this
can certainly raise hob with a livestock operation. One rancher that uses
National Forest land says there is more damage to the grass during hunting
season than the whole rest of the year. Another operator takes a somewhat
opposite stance in that he would at least like to be able to drive his pickup to
check his cattle grazing on National Grasslands. Not everyone has these
problems but many operators can recite long lists of such depredations. The
non rancher may ask "So what's the big deal? Not enough water can dry up a
cow causing her calf to weigh less, a. steer calf maybe set up to have water
belly, which means an operation or perhaps even death of the calf.
Interference with natural grazing patterns can do the same. Loss of pounds is
lost dollars.
Sharing the public land with other interests is perhaps necessary , but
having the public wandering into the private that adjoins without permission
is a bit much to many landowners. To a lot of the public any land that doesn't
have a fence around it is public domain. You remember the map that showed
the checkerboard pattern of private and public land. If one is out on some
trail miles from a public road and miles from a fence line how do you find the
public land? Even landowners sometime have difficulty identifying boundaries
between the public and private land. A few years ago my husband and I
discovered a seismograph drilling rig set up in one of our pastures. They
thought they were on school land. They made this mistake even though the
pasture was bounded by a public road on one side and fence lines close by.
Needless to say the driller was unhappy to have to move. We were probably
even more disturbed than he was. When seeking access to public land it still
a good idea to talk to the local landowner, just to keep from getting lost, or
causing some hardship for him. Common courtesv means treating the orivate
F o s s 1 1 s f o r t h e F u t u re , u o v e rn o r' s C o n fere n c e 8 / 2 4/ 92-
26/92
24
Headache or Haruest--Shirley Floden
landowner with respect whether going on his private land or going on public
land that is part of his operation. Even the land manager who perhaps has
every legal right to enter the public land without anyone's permission would
be well served to talk to the local operators. The best way to solve problems
is to prevent them in the first place. Most landowners willingly help out the
person that has a. legitimate reason for being where he is. As a rule, unless
someone has taken undue advantage at sometime in the past, we are a. trusting
and outgoing people.
Enforcement: Much of this land is also in very isolated areas, many
miles from any kind of local law enforcement or even the nearest neighbor, If
permission to collect fossils is given for public land the landowner may be the
only one to know whether the collectors remain on the public land. He also
needs to know if the parties really have the right to be there. For fossil
collectors to say that they are from "The Smithsonian . or the "Denver
Museum” or the University of Wisconsin" is not enough. Public Land managers
need to keep land operators informed if special interest groups are operating
in the area, not only for the protection of fossils. Rustlers have been know to
claim to be something they're not just for an excu.se to be in the area. If the
collecting is done on private land it is the landowner's responsibility to see
that the collectors don't stray onto the public land. Perhaps he in turn should
have to notify managers of nearby public land if there is fossil collecting in the
area. On the large spreads it may be an accident if one knows whether there
are collectors on either public or private land, One land owner had a large
petrified tree on his land. It was so long that it went into one side of the hill
and earns out the other. I say he had a tree because one day he drove out into
his pasture and some one had hau.led it away. This was an operation that
would require at least some heavy equipment, A rancher whose buildings are
some miles from his pasture land reported that the badlands areas of his
ranch that were literally covered with petrified bone had been picked clean .
Another couple who have been diligent to report finds on their land said they
came out to prospect and found the holes where fossils had been dug and
removed. The site on another ranch where the School of Mines had been
allowed to collect was picked clean of surface fossils. Another incident not
dealing with fossils but beautiful mineral crystals was reported to me. It
seems someone representing himself as from a. local public institution , (he
wasn 't ) had been collecting these crystals and making money selling them at
F o s s ] 1 s f o r t h e F u t u re G o v e rn o r' s C o n f eren c e 8 / 2 4/ 92 — 8 / 2 6 / 9 2
25
Headache or Haruest--Shirley Floden
Gem shows in other states. The land owners finally got word on what was
going on and stopped it. One of the most disturbing incidents reported to me
was the actions of a. commercial collector , from another state. He had
permission from the landowner to prospect, he found both skull and skeletal
material of a fairly common dinosaur, which he apparently proceeded to
remove. He did confide to a friend that he didn't think the land owner knew
what he had, I was not witness to these incidents but I can furnish the names
of those who did. I did personally see the results of destructive collecting off
National Forest land of a beautiful titanothere skull. This probably was the
work of amateurs since the;/ apparently were just after the teeth. In getting
the teeth they left a hole and the slivered remains of the skull. If in our
isolated corner of the world hear about this many problems, hew widespread
is the problem. It has to be the tip of the iceberg.. With fossils bringing in
dollars for not only the owner bat finders, preparers and marketers there is
a gold-rush attitude developing, this can mean horrendous problems for the
private land owner.
So far I have tried to explain some of the headaches of fossil collection
that face private landowners. I would now like to address my remarks to the
private landowner of his/her responsibilities regarding their fossils. I do not
question your right to dispose of your fossils anyway you like. I do know that
most of you consider yourself as stewards of vour land, You educate yourself
in all kinds of sciences to be better managers of the land and the products of
the land, Most of your energies and resources are dedicated to leaving your
property even better than when you acquired it. Make the effort to find out
what, if any, your fossil resources are. A simple geology map and geologic
time table will give you clues as to what type fossil you might expect to find.
The local museums can probably provide examples of what these fossils look
like. If you really need the money to "save the farm" or "feed your children"
selling these resources is a. possibility. First I would advise against trying to
remove the fossils yourself unless you have had a lot of experience, You could
end up with nothing. Don't think you have to sell to the first collector that
comes along. AGAIN be informed. Know who you are dealing with. Double
check with more than one source on the value of what you have, Perhaps you
can sell with some stipulations, ie,. that you or a local museum receive a
replica with documentation of the fossil , that you can be an active participant
of the excavation etc Be sure all agreements are in writing Re very clear of
F o s s i 1 s f o r t h e F u t u r e , G o v 6 r n o r 1 s C o n fere n c e 3 / 2 4 / 92 — 8 / 2 6 / 9 2
26
Headache or Haruest--Shirley Floden
any restrictions or time limits., this will protect both you and the buyer, Make
sure you have the clear title to the fossils. If you operate leased land whether
public or private don't allow collectors on that land, save yourselves some legal
complications. Let the owner do the. selling.
There is also a higher road, Most public institutions, museums, uni¬
versities etc. are not funded to buy fossils or fossil locations. They can however
place a value on any that you might choose to donate. That gift could then be
treated as any other charitable contribution, if you need a tax break. You can
not only save on your taxes but have the satisfaction of making a. real
contribution to your community or state. I personally know of one case where
that has been done to the satisfaction of both parties, I know of another
landowner that is struggling about the disposal of her land. She doesn't have
fossils but besides the natural plant /animal community she has an interesting
geological feature. She could sell to the highest bidder and be done with it but
she values the land, she wants to leave a. lasting legacy if she can. I am not a
legal expert so I will not give legal advice but there are many alternatives to
outright sale, You may retain title, with the collector having the right to
display it, You are in the drivers seat if the fossils are on your land you can
specify whatever terms that are important to you, Again be sure of your legal
ground before signing on the dotted line
The real value of these fossils is not in decorating someone's mantle
somewhere, not even in their display in a museum , although museums do
educate and they do bring people into the area The real value lies in the
knowledge scientist can glean from these fossils. With our growing
technology these old bones may not only tell us about the past but may provide
clues to the very secret of life itself . This in the long run may be critical to
the survival of our species, These fossils can also be the catalyst that will
challenge the young mind (be it anywhere from 8 to 80). Our young people
need improvement in math & science. What better use for a fossil site than
to make it a hands on learning experience for teachers & future scientist,
Wouldn't you really like to make that kind of contribution to the future V
Finally to our Governor's, Congressman, legislator's and land managers.
We need clear legal definitions as to what are fossils, what determines
ownership, We probably need more help in the legal definition of trespass and
liability laws. People do get hurt even when lust looking for fossils, The
private landowner needs protection against liability. When public agencies are
Fossils for the Future, Governor's Conference 8/24/92 — 8/26/92
27
Headache or Haruest--Shirley Floden
working in the area. we need to know who they ere end why they ere there. If
it is someone posing as a. public servant we need some way to know that . too.
We need adequate funding for some of our public institutions to provide for
proper retrieval of these resources. We need to educate not only the young
people , but the public as to the real value of these resources. We need to
realize the very real economic value that these fossils represent, Properly
utilized they can bring the world to our door. We need to look down the road
so that these finite resources are not lost for future generations.
F o s s i 1 s for the F u t. u re , G o v e rn o r' s C o n f e re n c e 8 / 2 4/ 9
-8/26/92
28
NORTH DAKOTA'S FOSSIL RESOURCE MANAGEMENT PROGRAM AND THE PRIVATE
LANDOWNER
John W. Hoganson
North Dakota Geological Survey
600 East Boulevard Avenue
Bismarck, ND 58505
I would like to begin this morning by briefly reviewing North
Dakota's Fossil Resource Management Program because I strongly
believe that each state, as well as the federal government, must
have well thought-out, comprehensive fossil resource management
programs before state or federal fossil resource managers can
effectively deal with the issue of fossils on privately owned land,
or fossils on public land for that matter. Briefly, this is what we
are doing in North Dakota.
North Dakota's Fossil Resource Management Program was inaugurated
in 1983 primarily in response to concern about the historic and
ongoing removal of fossils from the state. This program has evolved
to include three primary objectives.
1) Education to promote public understanding and awareness of
the importance of North Dakota's fossil resources.
Education is an extremely important aspect of our program
in dealing with privately owned fossils and fossil sites.
2) Research to determine the types of organisms that inhabited
North Dakota at various times in the geologic past and to
determine the types of climates and environments in which
they lived.
3) Identification and preservation of North Dakota's
significant fossil sites and specimens.
The program is administered by the North Dakota Geological Survey,
an agency of the State Industrial Commission.
There are four, separately administered, categories of lands in
North Dakota: 1) lands administered by agencies of the federal
government, 2) lands administered by the State of North Dakota, 3)
privately owned lands; and 4) tribal lands. The North Dakota
Geological Survey assumes an active role in managing
paleontological resources on the first three of these lands, and we
are hoping to become an adviser on fossil resources to the various
tribal councils in North Dakota.
FOSSIL RESOURCES ON FEDERALLY ADMINISTERED LANDS
The North Dakota Geological Survey has signed formal agreements
with the U. S. Forest Service — Custer National Forest (1986),
Federal Bureau of Land Management (1988), and the U. S. Army Corps
of Engineers (1991) to cooperatively identify, manage, and protect
paleontological resources found on lands in North Dakota under the
29
jurisdiction of these federal agencies. These are excellent
agreements, and I would like to stress that I believe cooperation
between federal and state fossil resource managers is essential to
effectively manage fossil resources. I hope that there is much
discussion at this conference about the need for state and federal
interaction .
FOSSIL RESOURCES ON STATE ADMINISTERED LANDS
In 1989 North Dakota's Paleontological Resource Protection Act
became law. The salient points of our law are similar to ones in
the recently introduced federal bill, the Vertebrate
Paleontological Resources Protection Act (S. 3107).
1) Significant paleontological resources, primarily vertebrate
fossils, are identified in our law as being an important
part of North Dakota's natural heritage and that they
should be protected.
2) Our law places responsibility for management of fossil
resources in the hands of the North Dakota Geological
Survey. Previously, fossils had been grouped with Indian
artifacts and considered cultural resources. At that time,
fossil resources were managed by archaeologists with the
State Historical Society.
3 ) As a result of this law, a permit is reguired to collect
significant paleontological resources on state lands in
North Dakota. Significant paleontological resources
generally means vertebrate fossils although there is
enough flexibility in our law to allow for protection of
significant invertebrate and plant fossil resources too.
I am pleased to say that because of this law hobbyist can,
with a permit, collect fossils on state lands.
4) Significant paleontological resources collected from state
owned lands remain the property of the State of North
Dakota, that is they remain public property.
5) Commercial collecting of fossils is prohibited on state
lands in North Dakota.
FOSSIL RESOURCES ON PRIVATELY OWNED LANDS
The State of North Dakota has no jurisdiction over paleontological
resources found on privately owned land. Collecting fossils from
private property is, therefore, at the discretion of the landowner.
I believe that is the way it should be. Private landowners should
retain the right to determine what is to be done with fossils found
on their property. This philosophy, however, creates problems
primarily because of the increasing commercial value of fossils,
particularly on the foreign market.
30
Private landowners are now being faced with the difficult decision
to either sell their fossils to commercial dealers or donate them
to public supported institutions where they will remain in the
public domain. This competition for fossils complicates management
of fossil resources because most states interested in retaining
their fossil heritage, like North Dakota, cannot compete with
commercial dealers to pay for fossils found on private property. We
must, therefore, appeal to the private landowners sense of civic
responsibility to donate these specimens to public institutions. At
this we have varying degrees of success. About all we can offer is
a handshake, a note of thanks, and a tax write-off.
I am convinced that landowners want to do what is right, and in
North Dakota, at least, their primary concern is for what they
believe is right for their family. Landowners often become
confused, however, because of all the information or, lets say,
misinformation they receive when they seek input about their
options. This misinformation can cause major problems. Let me give
you an example.
Early this summer I was contacted by a rancher from southwestern
North Dakota who had some bones weathering out of the rock in one
of his pastures. I visited the site and found that at least a
partial skeleton of what appeared to me to be a Triceratops was
being exposed in the Cretaceous Hell Creek Formation. Vertebrae,
toe bones, part of the frill and so forth were already exposed.
I informed the rancher that the find could be significant and
offered to excavate the specimen suggesting that he either donate
the fossil to the State Fossil Collection, to a local museum, or to
another public institution of his choice.
One of the first questions of the rancher was how much is the
fossil worth. I told him that it would be difficult to assess the
value before excavation and emphasized the importance of the
involvement of qualified individuals in the excavation process. I
explained to him that the state had no money to purchase the fossil
but if donated some sort of tax credit could be arranged. The
negotiations went on for some time by telephone.
By the time I revisited the site a few weeks later the rancher had
been in contact with at least three commercial collectors. One of
those collectors told him that if the skull was there and in good
condition he would pay him several thousand dollars for the
specimen. What did this mean to the rancher — a fishing trip to
Alaska, a new swather, or perhaps even a new house? As a result,
the rancher and several of his friends went to the site with spades
and grain shovels to dig for the skull. Most of the skull was not
there and much of the posterior part of the skeleton that was there
was destroyed during the digging. Ironically, it appears that the
fossil was not of the relatively common Triceratops but the rare
Torosaurus and this would have been an important scientific
specimen and possibly worth a great deal of money to the rancher.
31
Where does the problem lie in cases like this? Who is at fault? Is
it the badland rancher surviving the fourth consecutive year of
drought? I don't think so. What is the solution? Our educational
approach failed in this case. These types of situations are the
types of challenges that we face as custodians of fossil resources
for future generations.
I would like to close with an optimistic note about a program that
we have in North Dakota for preservation of fossil sites on private
land — North Dakota's Natural Areas Registry Program. The North
Dakota Natural Areas Registry Program was developed by the North
Dakota State Parks Department and the North Dakota Chapter of the
Nature Conservancy and when fossil sites are involved, the North
Dakota Geological Survey takes an active role. The Registry is an
important part of North Dakota's Nature Preserves program and
relies on citizen-based conservation. The program was created to
help preserve important natural areas, in this case, fossil sites
in private ownership. Currently there are about 40 registered
Natural Areas in North Dakota. Most of them are biological sites,
sites of rare or endangered species of plants and animals or unigue
biological habitats. I am pleased to say that at this time three
sites in North Dakota are on the Registry of Natural Areas because
they are significant fossil sites.
The Registry is a totally volunteer, non-binding, non-regulatory
program. State government officials and Nature Conservancy staff
advise the landowner of the significance of their site and provide
management advice to the landowner. We will also provide signs
stating that the site is a natural area. No payment or receipt of
funds is involved in the registry process. The landowners receive
plagues from the Governor during a formal ceremony at the Capitol
in appreciation for their commitment to protect part of the North
Dakota's natural heritage. Owners of registry areas are asked to:
1) the best of their ability protect and preserve the
registered area;
2) notify the State or Nature Conservancy of any threats to
the area ; and
3) notify the State or Nature Conservancy of any intent to
sell or transfer ownership of the property.
The landowner may terminate participation in the program at any
time, although he or she is asked to give a 30-day notice prior to
cancellation .
Federal and state governments cannot and should not be held solely
responsible for survival of our significant fossil sites and
specimens. Individual landowners must play an integral role in
conserving our fossil resources. Without their active participation
and commitment we will lose, year by year, more and more portions
32
of our fossil heritage. And we, as government fossil resource
managers, must provide to these concerned landowners attractive
options for preservation of fossil sites and specimens, such as the
North Dakota Natural Areas Registry Program.
33
34
Northern Plains Governor's Conference
Fossils for the Future
Remarks by James Carson
Recreation and Lands Staff Officer on the
Grand Mesa, Uncompahgre, and Gunnison National Forests
August 25, 1992
Thank you Dave for that kind introduction.
Good morning everyone. I am pleased to be the moderator for this session on
"Public Land Management". I have two knowledgeable gentlemen here with me
today who also will speak on the topic of public land management. I will
introduce them shortly.
First, I would like to briefly share a few of my thoughts on this issue.
One thing I feel obliged to say right up front is that we in public land
management agencies administer the paleontological resources for all Americans
- be they
-The scientific researcher
-The commercial collector
-The amateur collector
-The educator
-The person who wants to see fossils
-The person who just wants to know they are there
-and the person who doesn't know about fossils but learns about them
through discovery.
It is hard to discuss the management of paleontological resources in terms of
all federal agencies because of their different missions and objectives. The
National Park Service policy, for instance, states that:
-Paleontologic resources .. .will be protected, preserved, and developed
for public enjoyment, interpretation, and scientific research.
The Bureau of Land Management objectives ensure:
-Paleontological resources are given full consideration in land use
planning and decisions.
-And a variety of uses such as scientific collection and research,
recreational collection, and interpretation.
The Forest Service:
-Has no written policy on management of paleontological resources that
I am aware of except :
35
--Regulations prohibiting the damaging or removal of any natural
feature and
--Excavating, damaging, or removing any vertebrate fossil or
removing any paleontological resource for commercial purposes
without a special use authorization.
It appears to me the public land managers (agencies) ought to be able to
cooperate and reach similar administrative procedures for paleontological
resources. This is true, particularly for those agencies with similar
legislative mandates such as the Bureau of Land Management and the Forest
Service. I see the following potential areas of cooperation among the
agencies :
-Inclusion of paleontological resources as an integral part of the
land management planning and decision making processes.
-Scientific research
- Interpretation
-Protection, either through conservation or preservation
-Appropriate legislation or regulation
Towards that end, a recent Memorandum of Understanding has been signed for
"Management of Fossils on Public Lands" by the US Geological Survey, Bureau of
Land Management, National Park Service, and Forest Service. The, purpose of
this MOU is to "provide procedures and guidance for communication, cooperation,
and research in the management of fossil resources". It also provides for a
flow of up-to-date information to redeem land management responsibilities.
Needless to say, there are probably as many opinions on how to manage
paleontological resources on the public lands as there are people in this room
- at least.
Two of these options will be explained by our speakers today. Our first
speaker is John Pojeta, who is Chief of the Branch of Paleontology and
Stratigraphy at the US Geological Survey in Washington, D.C.. John served as
President of the Paleontological Research Institution from 1980-82, Secretary
of the Paleontological Society, and recently finished an invited lecture tour
of China. John is especially qualified to speak on his subject as he is one of
the writers of the National Academy of Scientists report on paleontological
collecting. John ---
Our second speaker is Pat Leiggi. Pat is a long standing member of the Society
of Vertebrate Paleontology and is also a member of the Montana Geological
Society. He was responsible for the planning and excavation of Montana's
Tyrannosaurus Rex. In 1985 Pat became the Chief Preparator of Paleontology,
Museum of the Rockies, Montana State University in Bozeman where he is located
today. Pat is here to discuss Senate Bill 3107 which has recently been
introduced by Senator Max Baucus of Montana. Pat---
36
Thanks to both John and Pat for their very informative presentations. And
thank you for your attention to this important topic of paleontological
resources management on your public lands. I hope those of you who participate
tomorrow in the issue discussion groups will feel free to voice your opinion on
this topic.
Thank you very much.
38
STATUS OF GUIDELINES FOR PALEONTOLOGICAL COLLECTING
(Invited Comments for the Northern Plains Governors' Conference:
Fossils for the Future, August 24-26, 1992; Rapid City, SD)
John Pojeta, Jr., Chief,
Branch of Paleontology and Stratigraphy
U.S. Geological Survey (USGS) , Reston, Virginia 22092
Governor Mickelson, President Gowen, Ladies and Gentlemen. About
10 days ago, Terri Liestman asked me to speak at this conference
about the report published in 1987 by the National Academy of
Sciences (NAS) on "Paleontological Collecting" (I) ; I was a member
of the committee that produced the report. I agreed to speak and
expanded the topic to the STATUS OF GUIDELINES FOR PALEONTOLOGICAL
COLLECTING. Thus, in addition to speaking about the NAS Committee,
I will try to bring you up to date on the happenings since 1987 to
implement its report.
The modern era of concern about fossil collecting began with the
1976 "Federal Land Policy and Management Act (FLPMA) " (II), which,
among other things, charged the Bureau of Land Management ( BLM) to
manage the lands under its supervision "in a manner that will
protect the quality of scientific [emphasis added] , scenic,
historical, environmental, and archeological values."
Subsequently, various interactions occurred between BLM and the
scientific community, industry, and hobbyists (amateurs) . At least
four notable meetings involving the scientific community were held
i in Farmington, New Mexico (1981); Grand Junction, Colorado (1982);
Los Angeles, California (1983); and Boulder, Colorado (1983). I
attended three of these meetings. The Los Angeles meeting resulted
in a request to the NAS and its operational arm, the National
Research Council (NRC) working through the Board on Earth Sciences
(BES) to establish a study group on paleontological collecting and
its impact on other aspects of land use.
The Academy established the committee in mid-1984 for a 3-year
term. The NAS chose 13 committee members as representative of the
professional paleontological community, State and Federal
governments, the surface-mining industry, and businesses dealing in
fossils. Committee members were chosen to provide points of view
and not to represent the interests of organizations or
institutions. In my opinion, the Academy chose well, because the
members did have a tremendous diversity of points of view. Among
the 13 committee members were 8 research paleontologists with wide
field experience around the world--4 who study vertebrate fossils,
3 who study invertebrate fossils, and 1 paleobotanist . Three of
the vertebrate paleontologists had been presidents of the Society
39
of Vertebrate Paleontology (SVP) --Craig Black, Farish Jenkins, and
Peter Robinson — and Craig and Peter are or have been Directors of
natural history museums. The fourth vertebrate paleontologist, Don
Wolberg, works for a State Geological Survey. Two of the
invertebrate paleontologists had been presidents of the
Paleontological Society (PS) — Dave Raup and Frank Stehli — and the
third, myself, was then secretary of the PS; Dave Raup is also a
member of the Academy. The paleobotanist , Bill Schopf, served on
the NRC Board on Earth Sciences. Thus, among the research group
there was wide experience with fossils, societies, administration,
and the Academy. Among the nonresearch group were two lawyers —
Sandy Blackstone, who was a former Deputy Director at BLM , and
Charlie Roybal, New Mexico Department of Energy and Minerals.
Thus, in addition to being lawyers, they had experience in the
problems of land management. The remaining three committee members
were Hollis Dole, former Assistant Secretary of the Department of
the Interior; Sterling Grogan, Manager of Environmental Quality,
Navajo open-pit coal mine; and Peter Larson, Black Hills Institute
of Geological Research. These three people brought points of view
from high level management in the Department of the Interior, from
extractive energy-mineral industry, and from commerce in fossils.
In addition to the committee members, there were seven liaison
members from the BLM, the U.S. Geological Survey (USGS) , the
Department of Energy (DOE) , the National Science Foundation (NSF) ,
the National Park Service (NPS) , the Office of Surface Mining
(OSM) , and Atlantic Richfield Oil Co. Consultants to the committee
included Gordon Everett, from the American Institute of
Professional Geologists; Norm Sohl, PS President, 1985-86; Mike
Novacek and Bob Hunt, members of the Federal Liaison Committee,
SVP; and 10 staff members of BLM. The NRC had up to four staff
members assisting the committee. In addition, drafts of the report
were circulated to the governing bodies of the SVP and PS and to
the Director of the Paleontological Research Institution.
From its beginning, the committee understood that there were
several groups or constituencies of divergent interests concerned
with collecting fossils, and five such groups were identified:
(1) Research paleontologists , usually associated with universities,
museums, and geological surveys; (2) Land managers or owners; (3)
Hobbyist (also called amateur or recreational) paleontologists, who
do not make a living studying fossils. The hobbyist community is
especially interesting because of its diversity. I remember being
at a meeting in Manhattan, Kansas (nicknamed the Little Apple) ,
about limiting access to fossil collecting on State lands. A woman
attending the meeting was representing the 4-H Clubs. The 4-H
Clubs in Kansas try to interest their members in science; one of
the ways this is done in Kansas is to take the children on fossil¬
collecting trips. The representative of the clubs was concerned
that legislation limiting access would prevent this educational
experience; (4) Businesses that sell fossils; and (5) Extractive
industry businesses that use sedimentary rocks, such as coal
40
i
mining, building stone industries, stratabound minerals industries,
fertilizer and agricultural limestone industries, etc.
There is at least one other constituency — school teachers of Earth
Science. Some of these teachers take students on field trips, and
all of them need specimens with which to teach about fossils and
Earth history. Specimens become worn out and broken and must be
replaced. I have spoken with a consultant on secondary school
education, who taught for many years in Texas and who worked with
the American Geological Institute (AGI ) and the USGS in developing
educational materials for those organizations. She noted that
students relate much better to real fossils than to artificial
casts of fossils. Both she and the lady from the 4-H Clubs of
Kansas noted the eye-opening experience young people have when they
collect fossils. These have also been my experiences in the USGS
and when I was teaching. The USGS has prepared several teaching
sets of fossil specimens and booklets that are used by secondary
schools on short-term loan, principally in Colorado. But most
secondary schools and many colleges and universities need to buy
teaching sets or receive donations from amateurs.
As the committee developed its dynamic, various observations and
facts became apparent and these helped guide the committee’s
deliberations; some of these are described here: (1) The
committee worked by consensus, not by vote, except for the
unanimous approval of the final recommendations. (2) The
interests of the various constituencies were overlapping and not
mutually exclusive. (3) The various constituencies need better
communications among one another so that they can be educated about
the others' needs and concerns. (4) The two lawyers on the
committee diligently tracked down all Federal laws that could be
used by land managers to develop regulations about fossils (I-
Appendix R) , and decided that "ample statutory authority exists for
the various federal land managing agencies to protect, manage, and
dispose of fossils on public lands;" thus, no new laws are
required. Certain fossil localities and lower level taxa clearly
need protecting, and the report amply points this out. However,
sweeping prohibitions against fossil collecting by region or by
formation or by high-level taxon would be self-defeating for many
reasons, including the following: (a) Such sweeping prohibitions
would prevent university geologic field camps where students are
trained in field methods, because most such camps are in the West
and many cross public lands. (b) Such prohibitions would prevent
amateurs from bringing new finds to the attention of research
paleontologists. (c) Such prohibitions could too easily be broken
inadvertently, because many fossils are too small to see until
after laboratory preparation. (d) Such prohibitions would have
severe effects on extractive industry businesses. (5) The
expertise to advise Federal agencies already exists in the USGS,
which by its charter is charged with studying and reporting on the
Nation's fossils. Thus, no new costly bureaucracy needs to be
created; three or four new USGS employees would be needed at most
41
to provide additional expertise to advise land managers. Land
managers to work with the USGS are already available in the Federal
Government, and interagency coordinating committees already exist
between the USGS and BLM and between the USGS and Forest Service;
negotiations for creating a coordinating committee between the NPS
and USGS are underway. (6) Deciding on the scientific value of a
fossil requires judgment and know-how; it is not a checklist
procedure. The report stressed that often a fossil's scientific
value is not known until it is examined in the laboratory.
(7) For a variety of reasons, too many Americans confuse
paleontology with archeology, and education of the public about the
difference between fossils and artifacts is a must. The Academy
report has a section on these differences, which in part was taken
from a Masters thesis written at the University of Colorado,
Boulder (III) . (8) It is better to follow the long route of
education of the public to the needs of scientists who study
fossils rather than to attempt the quick fix of enacting Federal
legislation punishing people with fines and imprisonment.
The Academy report has been widely distributed; it is presently out
of print, although photocopies can be obtained. If enough people
were to ask, the Academy would consider reprinting the publication.
The heart of the report is 26 pages long. Among the annotated
conclusions and recommendations, I make special note of the
following: (1) "All public lands should be open to fossil
collecting for scientific purposes." (2) "Except in cases
involving quarrying, commercial collecting, and National Parks,
collecting fossils on public lands should not be subject to permit
requirements or other regulation." These statements give primacy
to scientific studies of fossils on the public lands, they allow
hobbyists to pursue their interests, they clearly separate the
National Parks from other public lands, and they note that
quarrying and commercial collecting need to be regulated and to
follow a permit process. Regulations and permits are the purviews
of land managers. The Academy report recommendations develop a
hierarchy of collecting methods, which does not impact field camps
and hobbyists.
A third recommendation of the report is that "Fossils of scientific
significance should be deposited in institutions where there are
established. . .programs in paleontology. . .There is no justification
for requiring that fossils be deposited in an institution in the
same state in which they were found..." In the past few years, a
chauvinism, or perhaps jingoism is a better word, has developed
about American fossils. This jingoism extends to smaller and
smaller political entities. "American fossils should stay in
America," "Rhode Island fossils should stay in Rhode Island,"
"Calvert County fossils should stay in Calvert County," etc. Such
statements ignore several aspects of the organization of
paleontology — (a) American fossils on display in a museum in Wales
are fully available for study by any scientist who wishes to
examine them, and they have enormous educational value if such
42
fossils do not occur in Wales. (b) Paleontology is not organized
on national, State, or county lines; commonly a leading specialist
in a fossil group works in a different state than the one in which
she or he collects specimens. This is simply a matter of where one
gets a job versus where one's research interests lie. It is in the
interest of the science of paleontology to have the person and the
specimens being worked on in the same place. (c) All American
paleontologists desire to have comparative material from other
parts of the world, otherwise their work becomes parochial. How do
we get comparative material, if we will not exchange with others?
Perhaps the part of the Academy report that has received the most
comment is the section entitled "Do Fossils Constitute a
Nonrenewable Resource?" The section is full of qualifiers and
aptly shows that determining the scientific value of a fossil
requires judgment and know-how — not a check list. Although it is
true that many vertebrate fossils are rare, not all are rare.
Additional specimens of various species are readily obtainable — in
the Eocene Green River Formation of Wyoming there are enough
specimens of the fish Knicrhtia to give everyone in the world
several. Some of the oreodonts from the middle Cenozoic of the
northern high plains were extremely abundant creatures that are
known from many thousands of specimens. Thorpe in his monograph of
these animals (IV) noted, "In fact, skulls of Mervcoidodon are
perhaps the commonest middle Oligocene fossils of the Great
Plains." In addition, every fish scale, every shark tooth, every
turtle scute, or every dinosaur bone fragment is not a scientific
treasure—thus , judgment and know-how are required to make these
distinctions. To press for protective legislation specific to a
high taxonomic category such as vertebrate fossils becomes even
stranger in view of the Smith and others article published in the
May 29, 1992, issue of Science magazine (V), which concluded that
the almost ubiquitous Cambrian to Triassic microfossils known as
conodonts are vertebrates. Conodonts are among the most useful
fossils for establishing biostratigraphies, for geologic mapping of
older Phanerozoic rocks, and for estimating the oil and natural gas
potential of these sedimentary rocks. The Science report is the
capstone to work that has been ongoing for several years indicating
that conodonts are phylogenet ically related to vertebrates. Already
a colleague of mine in the Northwest has been prevented by a
Federal land manager from collecting samples that might contain
conodonts .
The Academy report was published, publicized and circulated
throughout the various constituencies. It was a front door
approach to the problem of collecting fossils. I could go on with
discussing the Academy report and committee; however, I refer you
to an editorial about the report that I published in 1988 (VI) for
additional insight into the dynamics of the NAS committee. I would
now like to turn to what has happened since the publication of the
Academy report
43
(1) After the NAS report was issued, it was accepted by the two
most recent Secretaries of the Department of the Interior, Donald
Hodel and Manuel Lujan. It is the operative document for the USGS,
BLM, and NPS of the Department of the Interior and the Forest
Service of the Department of Agriculture.
(2) To its credit, the BLM undertook a negotiated rulemaking
procedure, complete with facilitator, to produce draft regulations
based on the Academy report recommendations. This procedure went
guite far, and at the final meeting hosted by the BLM, in Salt Lake
City, Utah, in May 1990, three representatives of the SVP agreed
to the consensus of the negotiated rulemaking process and wrote the
words they wanted BLM to use in producing draft regulations
concerning vertebrates. The BLM agreed to have an extended period
of comment of twice the usual length when the draft regulations
were published in the Federal Register.
(3) The Paleontological Society has a history of outreach to the
nonresearch community that began before the Academy report with the
initiation of the Strimple Award for contributions to paleontology
by amateur paleontologists — to date eight such annual awards have
been given. The society has extended this outreach by including an
article about amateur paleontology in its newsletter. The article
is written by a member of the American Federation of Mineralogical
Societies. The society often has one or more members attend the
annual meeting of the Mid America Paleontological Society (MAPS) ,
and various gem and mineral shows. The desired result is to get to
know one another, exchange points of view, and eliminate some of
the concerns that separate the groups. Most recently, the PS has
instituted a Presidential Citation Award for such actions as guarry
operators giving paleontologists time and/or help to remove a
valuable fossil find; the first such award was made in 1992.
(4) On May 4, 1992, a Federal memorandum of understanding (MOU) on
Management of Fossils on Public Lands," (VII) became effective.
The MOU is among the USGS, BLM, NPS, and the Forest Service. It
has been widely distributed throughout the Federal agencies and has
been published in the SVP, PS, and MAPS newsletters. Among other
things, the MOU creates "The Federal Interagency Paleontological
Working Group" to deal with paleontological problems.
(5) Also in May 1992, President Bush signed Public Law (PL102-285) ,
the National Geologic Mapping Act of 1992 (VIII) . This act
reguires the USGS to maintain a "National Paleontological Data
Base" (NPDB) . The USGS committee to establish the NPDB has
completed its work, and its report is now being reviewed. When
review is completed, the report will be circulated among the
paleontological community for comment as to the suitability of the
NPDB for use and input by other organizations.
trust that my remarks have introduced you to some of the
44
complications one faces when dealing with fossil collecting —
4-H Clubs, secondary schools, hobbyists, land managers and owners
at all levels, research paleontologists, scientific organizations
and administrators, businesses that sell fossils, scientific
societies, and multimillion dollar extractive industries all have
vital interests in decisions that are made about collecting
fossils. I encourage all of you to read and study the Report and
continue its implementation. -30- •
REFERENCES
I. National Academy of Sciences Committee on Guidelines for
Paleontological Collecting, Paleontological Collecting, 1987:
Washington, D.C., National Academy Press, 243 p.
II. 43 U.S.C. 1701, The Federal Land Policy and Management Act of
1976.
III. Armstrong, H.J., 1982, Differences in Archeological and
Vertebrate Paleontological Methods and Technigues: Unpublished
Master of Basic Science (M.B.S.) dissertation, University of
Colorado, Boulder, 182 p.
IV. Thorpe, M.R., 1937, The Merycoidodontidae : An Extinct Group
of Ruminant Mammals: Peabody Museum of Natural History, Memoirs v.
3, pt. 4, p. 1.
V. Sansom, I.J., Smith, M.P., Armstrong, H.A. , and Smith, M.M. ,
1992, Presence of the Earliest Vertebrate Hard Tissues in
Conodonts: Science, v. 256, p. 1308-1311.
VI. Pojeta, John, Jr., 1988, Paleontology and Regulations: The
National Academy of Sciences: Palaios, v. 3, p. 109.
VII. Memorandum of Understanding on the Management of Fossils on
Public Lands between USGS, BLM, NPS, and FS, 1992, 5 p.
VIII. H.R.2763 (PL102-285) , National Geologic Mapping Act of 1992,
7 p.
45
46
The Vertebrate Paleontological Resources
Protection Act / Senate Bill 3107
By Patrick Leiggi
Our nation's vertebrate paleontological resources provide invaluable
research information to the international scientific and educational
communities. They offer the enjoyment of learning to generations of
private citizen's and to millions of museum visitors whose thirst for
knowledge are quenched by our nation's natural history museums with
educational exhibits that are provided by the paleontologic scientific,
educational and amateur communities. Although all vertebrate fossils
have been protected by federal law on public lands since 1906,
funding for and management of vertebrate fossils are not sufficiently
regulated as are archaeological resources and, consequently, are being
mined and sold, much the same as any mineral resource. In the
process, much of the scientific information is lost, and frequently
vertebrate fossil specimens leave the United States for display or
private collections in foreign countries. The staggering prices
professional commercial collectors are receiving is fueling the fossil
market. If it hasn't happened already, vertebrate fossils could become
the nations last "gold rush".
This brings to mind a very important question. Are vertebrate
paleontological resources an irreplaceable national treasure of
invaluable scientific and educational importance? Or, are they saleable
commodities?
47
The 1987 report on Paleontological Collecting published by the
National Academy of Sciences described fossil resources as renewable
resources. This definition of fossil resources has created controversy
within the paleontological community. In my mind it is difficult to
understand how extinct forms of life can be renewable. I have spoken
to members of the committee that were responsible for the NAS
report. When asked for their definition of renewable fossil resources,
they replied by saying, "there are enough Green River fishes for every
person in the world". This may be so, although, my understanding of
the term renewable means, "replenish" or to "make again". What
members of the NAS committee on paleontological collecting should
have stated was that, "in some rare cases, vertebrates such as the
Green River fishes are abundant but certainly not renewable". What I
would like to know is, "if vertebrate fossils are renewable, then why
were we approached by a Japanese company that offered 4 million
dollars for our T. rex before it even got into the door?" If vertebrate
fossils are renewable, who in their right mind would want to pay that
kind of money? The reason why professional commercial collectors
are receiving so much money for vertebrate fossils is because they
know that these resources are in fact rare and non-renewable. The
NAS report could have been more useful, had the findings been sent
to the scientific and educational paleontological community for review
prior to publication.
The NAS report states that a uniform national policy on
paleontological collecting should be adopted by all federal agencies,
and to that end, during late June of this year, I attended the annual
48
meeting of the Paleontological Society in Chicago where I publicly
announced the writing of the "Paleontological Resources Protection
Act", a bill designed to protect our nations "fossils for the future".
During the panel discussion we heard the concerns of amateurs,
commercial fossil dealers, scientists and educators. As a result of those
meetings and later discussion, there have been several re-writes of the
bill now entitled the "Vertebrate Paleontological Resources Protection
Act" that was introduced to the United States Senate on July 30 of this
year by United States Senator Max Baucus of Montana. This law is for
the protection of vertebrate fossil resources on public lands, not
private lands.
Public lands are owned by the "People of the United States" and
managed by the United States Government for the "People".
Unfortunately, year after year vertebrate paleontological resources are
illegally collected from public lands. The reason for this? There are no
adequate laws to deter illegal collecting of vertebrate paleontological
resources on public lands. The 1906 Antiquities Act is vague and time
after time irresponsible fossil collectors are let off the hook even
though they knowingly break the law. Who are these irresponsible
collectors? They can be an individual who is out to make a quick buck,
or a commercial fossil firm that has no regard for the law, and yes,
scientists who knowingly collect fossils on public lands without a
permit.
49
Vertebrate paleontological resource protection must begin at the
national level through the adoption of legislation which would make it
illegal to collect vertebrate fossils on public lands for commercial
purposes. All of us, the entire paleontological community have failed
by not responding to these issues more seriously and now is the time
for all of us to get involved and accept the responsibility in making
sure that all vertebrate paleontological resources on public lands will
be protected for future generations of Americans by supporting the
"Vertebrate Paleontological Resources Protection Act."
Today I have been given the task, while the future of vertebrate
fossil collecting on public lands is being discussed at this conference,
to highlight key points of Senate bill 3107, the "Vertebrate -
Paleontological Resources Protection Act." A bill that represents the
needs and concerns of the scientific, educational, amateur and
professional commercial collecting communities. A bill that demands
the respect of America's natural heritage.
I would first like to point out that these laws are not new and this
bill clarifies present regulations. This legislation does not effect
invertebrate or plant fossils. It establishes federal protection for
vertebrate paleontological resources found only on public lands, lands
that are owned by the the people of the United States and managed by
the United States Government. In no way does this bill effect private
lands and, therefore, does not violate the individual rights of private
landowners. It recommends that state-owned and tribal lands adopt
these policies for the protection of vertebrate fossil resources.
50
It maintains that all vertebrate fossils found on public lands remain the
property of the United States Government as a public trust. Vertebrate
paleontological resources shall be funded and managed separately from
other resources such as cultural resources. Permits to excavate or
remove vertebrate paleontological resources will be issued by federal
land managers to anyone for the purpose of scientific research, public
education, and public display. I should remind you that any private
citizen who wishes to obtain permission to collect vertebrate fossils on
public lands may do so for their own educational and learning
experience. Permits will not be issued for commercial purposes,
however, for the first time reputable commercial firms as determined
by federal land managers may be hired by American institutions to
conduct field work on their behalf. This opens the door for granting
agencies to provide funds for professional commercial firms to carry
out paleontological research on public lands provided a suitable
repository is designated for the care of the resource in perpetuity.
Criminal penalties for those who knowingly break the law will apply.
This applies to everyone, including the scientific community And
finally, this bill recommends that all U. S. paleontological societies
whether scientific, educational, amateur or professional work together
with federal land managers to develop permanent and broadly-based
educational programs for the benefit of the American people.
The bottom line is this . public lands are the only lands in the
United States where vertebrate fossils can be protected for future
generations of American scientists, educators, amateur paleontologists
and private citizens. If we do not work together now to insure the
51
future of these important rare, non-renewable natural resources, we
will all end up having to pay market prices for the enjoyment of
working together and learning about our earths living history.
Remember, by supporting this bill all vertebrate paleontological
resources found on public lands will be owned by the people of the
United States of America and shall be protected and managed by the
United States Government for you.
The organizers of this conference have done a fine job in allowing
all of us to share our concerns about America's fossils, and they invite
you to make useful comments regarding Senate Bill 3107 in
tomorrows workshop on public land management.
52
Issues of Preservation Associated with Vertebrate Fossils on U.S.
Public Lands
Jason A. Lillegraven
Department of Geology and Geophysics
The University of Wyoming
Laramie, WY 82071-3006
August 25, 1992
“Preservation” is a word in English that has multiple meanings and shadings, many of which are applicable to
issues associated with vertebrate fossils. I presume, however, that I was not invited to talk today about such things
as what kinds of storage-trays or -cases to preserve fossils in, what brands of sealant will preserve old bones
indefinitely, or what gauges of baling-wire one should use in preserving a dinosaur skeleton in life-pose. Rather, I
will look at the broadest issues of “preservation” that deal specifically with access to vertebrate fossils that still
exist, as yet uncollected, on public lands (especially federal) within the United States of America. Although my
perspective comes from that of a professional associated with public education/research in vertebrate paleontology, I
claim to represent the formalized viewpoints of no particular agency. My presentation will be in overt opposition to
the commercial collection (for purposes of private sale) of vertebrate fossils from public lands.
So what is a “professional” in vertebrate paleontology? I present in Table 1 a comparative list of criteria which,
when used in combination, can almost unfailingly differentiate “professional paleontologists” from “commercial
dealers.” These distinctions lead directly to the heart of issues dealing with appropriateness of access to, and
preservation of, vertebrate fossils occurring on public lands.
I feel that the distinction between “professional paleontologist” and “commercial dealer” is real, important in
practical and cultural senses, and should be recognized generally by land managers. Furthermore, I believe that such
distinctions challenge us individually, and as a society, to evaluate the relative importances (in regard to resources of
vertebrate fossils remaining on public lands) of (A) short-term private monetary gain, and (B) permanent public
access to educational/scientific information. The philosophical issues involved with protection differ little between
vertebrate paleontological and archaeological resources (see G.S. Smith and J.E. Ehrenhard, 1991, Protecting the
53
ISSUES OF PRESERVATION
past: CRC Press, Boca Raton, xxviii + 314 pp.). Vertebrate fossils often are no less rare, nor more expanded in
distribution, than artifacts of Man; paleontological treasures are of no less value to our cultural heritage than
archaeological treasures.
Table 1. Contrasting features of professional paleontologists and commercial dealers.
Professional Paleontologists
Underlying motives for general activity
Long-term research, leading to scientific
knowledge for educational use at all levels,
and preservation of relevant data
Necessary expertise
Advanced scientific training in
geosciences, biosciences, and
paleontology; practical field experience
Scientific peer-review
Consistent involvement, from both
directions
Purpose for collecting fossils
To approach specifically-posed scientific
questions
Accessory field information gathered
Structural geology, sedimentology,
taphonomy
Quality of locality data
Credibility dependent upon absolute
accuracy
Ultimate disposition of discoveries
Permanent, physically associated, and
geologically/geographically documented
collections, with guaranteed public access
Nature of press-releases
Dedicated to science of discoveries
Name of associated organization
Reflects true purposes of existence
Commercial Dealers
Monetary profit
Practical field experience in prospecting and
collecting; minimal scientific training
Virtually none
Sale
Virtually none
Real need only for indication of legality
Mostly to private domain, dispersed fossils,
negligibly documented
Often involve other, self-serving purposes
Sometimes intentionally misleading
54
ISSUES OF PRESERVATION
I was asked specifically to address today the recommendations within the 1987 report entitled “Paleontological
Collecting”, written for the Board on Earth Sciences of the National Research Council by the “Committee on
Guidelines for Paleontological Collecting” (National Academy Press, Washington, D.C.). Were I to actually do so,
this would be my third time through the same process. I am reluctant to be so repetitive, however, because of
historical reasons, and because of the importance of more recent events, as explained below.
First, I was asked by the National Research Council to serve as a formal external reviewer for an advanced draft of
the report. My review came by way of a 15 page letter (dated November 28, 1986) addressed to Dr. William E.
Benson, Staff Officer for NRC’s Board on Earth Sciences. Receipt of my review was never acknowledged, nor were
any of my included suggestions incorporated within the final, published report. A complete copy of that review is
available from me upon written request. Included below, however, is a verbatim copy of “Part 3” (pages 14-15) of
my letter, intended as a summarization — as will be obvious, I viewed the report as a most peculiar-looking camel,
indeed:
“The NAS/NRC Committee on Guidelines for Paleontological Collecting was presented the
broad and demanding task (see charge on p. 8 of report) of studying problems of access to, and
preservation of, scientifically important fossils that may be threatened by land disturbance, and
developing reasonable guidelines for their preservation in the form of a report useful to scientists,
industrial concerns, and regulatory agencies. These sorts of issues are certainly soluble through
interactions of common sense plus reasonable give-and-take. The Committee’s job was made
much more complicated, however, by expanding its sphere of concern beyond its actual charge to
attempt reconciliation of issues of science with interests of commercial fossil collectors. The
Committee thus attempted to do more than its charge. But in part because of the generally
inimical goals of scientific versus commercial use of fossils, I suggest that, in final evaluation, the
Committee actually accomplished significantly less than its charge. Reasons behind establishment
of the Committee were weakly presented (Appendix J), and the report exaggerates the spirit of
interference to scientific inquiry that is typically exhibited by managers of public lands. A general
theme of the report is deregulation of collecting activities, based upon concepts that fossils: (1) are
not rare; (2) do not constitute a resource; and (3) are renewable through natural processes of
erosion. Although these concepts certainly apply to many species of microfossils and
macroinvertebrates, they seem foreign, even ludicrous, when applied to most species of fossil
vertebrates. The Committee attempted to keep its deliberations general, as though applicable to all
forms of fossils; but through this experience it has become clear that collecting procedures and
management problems for vertebrate fossils have much more in common with those of
archaeology than with many other varieties of paleontological resources. The document is
disappointingly superficial, and unlikely to be useful as a practical and substantive guide for
governmental policy-making. It is not reflective of needs by land managers for quality
information. The report sidesteps the important concept that stewards of public lands may need
sound scientific knowledge of local resources before intelligent land-use decisions are possible.
Recommendation against paleontological inventory is made on the basis of misconceptions about
what is generally entailed within a survey. Although the report signals a dramatic shift away from
55
ISSUES OF PRESERVATION
the existing precedent of generally disallowing commercialization (privatization) of paleontological
resources on federal (public) lands, a clear scientific or philosophical reason for the shift is not
provided. Recommendations provide absolutely no effective vehicle for protection of scientifically
valuable paleontological localities; simple designation as a National Natural Landmark will not do
the job. The report does not serve the best interests of the scientific discipline of vertebrate
paleontology. I recommend that the report be rejected in its present form.”
Today, nearly seven years after having written that review, my comments on the inadequacy of the report have
proven to be correct. Stewards of America’s public lands are even more awash in a sea of paleontological uncertainty
than in 1984, when the NRC committee was established.
My second approach to review of the NRC report was in an invited presentation to National Park Service
personnel at the “First Conference on Fossil Resources in the NPS”, held in 1986 in Vernal, Utah. Although
proceedings of that conference were to have been published, that never came to be. Nevertheless, a 12 page
unpublished “preprint” of my contribution (which is focused upon concerns of NPS), is available from me upon
written request.
I see little point today in going through, item-by-item, NRC’s ten recommendations yet another time. It is my
view that the NRC report is essentially moot in light of subsequent history; it certainly is not being taken as
credible by most managers of public lands, or by the most relevant professional society. In support of the moot
nature of the NRC report, I cite three current examples of formally expressed attitudes. First, the brochure for this
very conference refers to “. . . finite, irreplaceable, vertebrate fossil resources.” Such wording is wholly contrary to
major thrusts within the NRC report.
Secondly, the Executive Committee of the Society of Vertebrate Paleontology on June 6, 1992 unanimously
passed the following resolution:
“WHEREAS the Society, according to its Constitution, is organized exclusively for educational
and scientific purposes to advance the science of vertebrate paleontology, especially in
North America, and
WHEREAS the Society has affirmed that vertebrate fossils are a nonrenewable resource; that
permits to collect vertebrate fossils on federal lands should be required of all individuals;
that fossils acquired through these permits should be available for study in universities and
museums as part of the public heritage, and
WHEREAS the Society has affirmed that commercial collecting of fossil vertebrates on federal
lands should be prohibited, and that scientific values of fossils on federal lands must take
precedence over more transient commercial and recreational values (Society News Bulletins
#148, pp. 11-13, #151, p. 12);
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ISSUES OF PRESERVATION
THEREFORE BE IT RESOLVED by the Executive Committee of the Society that the collection,
preparation, display, and sale of vertebrate fossils taken from federal lands within the
United States by commercial interests be prohibited by federal statute; that suitable
penalties of consequence be adopted to further discourage such commercial activities; that
members of the Society who engage in commercial collection and sale of vertebrate fossils
from federal lands be notified that such activity is in conflict with the stated position of
the Society; and that continued commercial collection and sale of fossil vertebrates from
federal lands following the aforesaid notification shall constitute grounds for consideration
of expulsion from the Society (according to the procedure indicated by Article 2(b), By-
Laws of the Society, Society of Vertebrate Paleontology News Bulletin #153, October
1991).”
That resolution, from the only relevant organization dedicated to educational and scientific purposes of the discipline
of vertebrate paleontology, is diametrically opposed to the letter and spirit of the NRC report.
Finally, United States Senate Bill 3107 was introduced to the President on July 30, 1992 by the Honorable Max
Baucus, Senator from Montana. This is referred to as the “Vertebrate Paleontological Resources Protection Act.”
The purposes (p. 4-5) of the bill are:
“(1) to secure, for the present and future benefit of the people of the United States, the
protection of paleontological resources and sites that are on public lands;
(2) to ensure that all vertebrate fossils discovered on public lands remain the property of
the United States;
(3) to provide incentives and opportunities for amateur and other private paleontologists
to collect fossils on public lands, thereby reducing paleontological losses resulting from erosion,
theft, and other scientifically unacceptable means; and
(4) to foster increased cooperation and exchange of information among-
(A) Federal and State governmental authorities;
(B) the professional paleontological community;
(C) amateur collectors; and
(D) private individuals having collections of paleontological resources and data.
The congressional findings associated with S. 3107 (p. 1-4) include:
“(1) paleontological resources on public lands and Indian lands are an accessible and
irreplaceable part of the heritage of the United States;
(2) these resources are increasingly endangered because of their commercial attractiveness
and because they are rare;
(3) Federal laws in existence on the date of enactment of this Act do not provide adequate
protection to prevent the loss and destruction of these paleontological resources and sites resulting
from uncontrolled excavations and pillage;
(4) amateur collectors are a vital part of the scientific and educational communities;
(5) (A) there is a wealth of paleontological information that has been legally obtained by
private individuals for noncommercial purposes and that has been voluntarily made available to the
scientific community; and
(B) this information has been an invaluable contribution to the advancement of
paleontological science in the United States;
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ISSUES OF PRESERVATION
(6) the activities described in paragraph (5) by private individuals, particularly amateur
collectors, should be encouraged and facilitated;
(7) paleontological resources-
(A) are nonrenewable resources;
(B) are natural aspects of our national heritage;
(C) have scientifically significant value; and
(D) have important educational value.
(8) (A) access to paleontological resources on public lands should be provided to
professional and amateur paleontologists for scientific purposes; and
(B) a mechanism to exchange scientific information between the professional and amateur
communities should be adopted;
(9) those resources that are scientifically significant should be placed in suitable
repositories, including museums, universities, colleges, and other educational institutions;
(10) when housed in the repositories, the resources should be available for scientific study
and educational purposes;
(11) each Federal agency should adopt a national policy on paleontological collecting on
Federal lands that is consistent with-
(A) the specific Federal mandate of the agency; and
(B) the protection of vertebrate fossils pursuant to this Act;
(12) each State should—
(A) adopt a uniform policy on paleontological collecting on State-owned lands;
and
(B) appoint a designated State paleontologist;
(13) each Indian tribe should adopt a uniform policy on paleontological collecting on the
lands of the tribe; and
(14) paleontological societies in the United States and Federal land management agencies
should develop permanent and broadly based educational programs to~
(A) share information with landowners and commercial and amateur collectors of
paleontological resources regarding-
(i) paleontological resources;
(ii) the research needs of professional and amateur paleontologists; and
(iii) the legitimate role of commercial collectors on private lands; and
(B) foster scientific education at all educational levels.”
The letter and spirit of S. 3107 (the “Baucus Bill”) could hardly be more removed from recommendations of the
1987 NRC report. Crucially, the bill recognizes die uniqueness, rarity, and irreplaceabilily of vertebrate fossils to
the educational/scientific public heritage of the United States of America. Secondly, it recognizes that policies
regarding fossil collecting should be consistent with the specific federal mandate of the agency. Finally, the bill
recognizes the severity of increasing endangerment, by way of privatizauon from commercial dealers, to federal
vertebrate fossil resources.
To me, the Baucus Bill represents an enormous step in the right direcuon, and my hope is that this conference
will shift its focus to S. 3107, and away from the conceptually superficial and procedurally unsatisfactory report
from the National Research Council.
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ISSUES OF PRESERVATION
A newspaper article (Casper Star-Tribune, July 21, 1992, p. B2) issued from the New York Times News Service
leads me to a final, personal viewpoint. The article relates that some individuals, including paleontologists and
commercial dealers, say that more restrictive legislation on vertebrate fossil collecting from public lands would lead
to “elitism.” Is such a claim realistic, or is it merely misrepresentational hyperbole? Who, indeed, are the real
elitists? First, consider that Senate Bill 3107, while protecting permanent public educational/scientific access to
vertebrate paleontological resources, simultaneously strongly endorses the importance of collecting activities by
members of the amateur community. Secondly, as a university professor in the State of Wyoming, my salary
simply would not allow me to bid competitively on the open market against wealthy individual buyers or against
domestic/foreign corporations for private purchase of rare specimens. Similarly, neither would my university have
the resources to bid competitively, even if the ethics of using State funds somehow could be justified. But with
heightened protection of our public resources, we could all benefit, every U.S. citizen, permanently , from new
paleontological discoveries made on public lands. If that kind of access is what “elitism” is all about, I am an
unabashed elitist, and please give me lots more of it!
- 30 -
59
60
Gregory L. Garon
Museum Director, Timber Lake and Area Historical Society
Instructor, Timber Lake High School
As a true educator, I do not have a specifically written text of my speech.
I do have my outline which eliminates all the wordy noise educators use.
My main focus was not to address the Max Baucus Bill directly, as so many
others, more qualified, will seek to sway the masses in a pro or con
direction.
1. 1 am not speaking for the Timber Lake and Area Historical Society but
rather as an individual, (relate my experience and humble beginning in the
world of paleontology in third grade and later the School of Mines)
a. Partial problem: Amateur vs Professional
General Misconceptions
1. professionals must poses and educated field degree
2. must have a institutional affiliation
3. must have institutional funding
4. must poses complete knowledge of paleontology
5. finds are displayed in museums
Amateur Misconceptions
1. lack educational degrees, self taught
2. interest in fossils is purely personal
3. funding comes form sales at 'swap meets'
4. minimal knowledge, at best
5. finds are hidden in garages and not shared with the public
audience at this point should be upset as they try an pigeon hole
themselves and try to equate their field experience to what others profess
as knowledge of paleontology.
b. Differences S, as an educator, consider important
Ethic?
1. concerns itself with:
proper permission to seek sites
proper site preparation
correct and complete field notes
proper care for a specimen
complete fossil identification
dissemination of information
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Education
1. concerns itself with:
Proper schooling in field paleontology ( practical )
willingness to share new information
continual educational awareness
2. I believe the these misconceptions to be invalid with most individual
that are considered amateurs. The present definition of an amateur,
'one who does paleontology for the love of it', is most inappropriate.
Most amateurs, are true professionals in actions, stature and in
relationships with the scientific community.
3. It is necessary for the scientific professional and amateurs to realize
genuine mistrust that exists between the two communities. A new
alignment must be forged for the future of paleontology as the
present problems will not be solved in the near future, with a Senate
bill or not.
c. Collective answer:
Ethics
social - it is necessary to consider just who will be the
future of the paleontology and what direction they
will follow - consider the youth
scientific - consider the need for present knowledge to the
future and how it may be used
just how will paleontology fit in as a inter disciplinary
science in education of the future, there is a need
for adjustment in the future goals
commercial - the paleontolgical community needs to
rediscover the use of reproductions and inform the
waiting world, this is what you will buy for display.
educational foundations need to meet and accept the
the local 'amateur' as an equal partner in science
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education - understanding for the future comes about by
education of the youth in the present.
( cite examples of 2 nd grade students doing good
field work in cooperation with the local historical
society and paleontologists ) ( note the interaction
of our school with the School of Mines, SDSU and others
as educational cooperation for the future of
Paleontology )
workshops for interested individuals at presented by
institutions or individuals in the 'know' would certainly
serve as a window to knowledge.
d. Conclusion
It is necessary for a mutual acceptance of the amateur to the
professional community, if they are willing to participate as equal
partners with common goals. No problem we have today will be solved in a
select conference such as this, but it is a great start. I feel, as and
educator of 20 years, education has a power, usually understated, to meet
the challenges of the future. Let us not forget that your science
background probably did not come from the 'ivory tower' or the 'garage'
alone. Remember your Mrs. Brown in third grade? Share and disseminate
your collective knowledge.
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64
PANEL PRESENTATION BY WADE WINTERS
When I talk about amateur collectors, I am enthusiastically including myself.
I started very early at five or six years of age. We had an area that ran
through our farm where you could find all kinds of "neat stuff" . I would go
down and dig something up and drag it back to show family and friends. I grew
up right next to the Le Grand Quarry in Le Grand, Iowa, which has produced
world-famous crinoids. So paleontology was always of great interest to me.
As an educator, I see the value of how those activities spurred my enthusiasm.
Going out and digging, finding, and doing science instead of just reading it
out of a book is not just very important, it is an absolutely necessary part of
any good system. When we talk about amateur collectors, I'm very much a part
of that group. An amateur collector is not necessarily less experienced and is
surely not inept. Amateur collectors are a major resource for our scientific
community. Amateur level collectors go into a variety of categories. These
range from a little kid who finds something in the field and takes it home, to
an individual who buys a type specimen. The title amateur collector includes
my examples, plus everything in between.
For me, fossil hunting, finding, and identification research are the parts of
paleontology that are the most enjoyable. In that way I may be a bit of a
purist. Within these parameters there are unlimited levels of expertise, each
level having its own unique purpose. As an amateur collector, I feel that I
have a duty as an educator. I feel that I should expand paleontology, whether
it is talking to a friend, a family member, or a neighbor. Paleontology is
something I should share with all of them; I can let my enthusiasm infect
them. There is nothing more contagious than enthusiasm.
I feel I have a responsibility to my community, to schools, and to civic
groups. These organizations ask for shows or demonstrations regularly. All
these endeavors are an amateur collector's duty. It is an essential part of
our purpose and social responsibility to honor these requests. The whole theme
of this conference, is Fossils for the Future. If there is going to be a
future in fossils, we must increase social awareness and responsibility in
dealing with this valuable nonrenewable resource. Besides, it is just
enjoyable showing kids that science is exciting and that there are all types of
fun in this world.
As amateur collectors, we serve as an extension for the "professional"
scientific community. Many important finds are made by amateurs. If you have
10,000 eyes out there, that is a great deal better than ten eyes. As amateur
collectors, we have to present a concerned and professional position. We can't
act like the irresponsible person who tramps down a dry creek bed, knocks a
bone out of the wall, takes it home in his truck, and throws it in the garage.
This is not a scenario of an amateur collector. By some unscrupulous standards
it is, but it is not. If we are going to be responsible amateur collectors, we
have to deal with a vast variety of problems and there are some very serious
ones that need to be addressed.
65
These problems include inaccurate documentation, or worse, no documentation at
all. What might be an important key realistically and scientifically becomes a
lost specimen without proper documentation. If you can't document it and you
can't give accurate information on it, it doesn't do anyone a great deal of
good other than maybe get a few oohs or aahs out of a high school or a grade
school student. Worse yet, it could just become a dust catcher that occupies a
spot on somebody's mantel. The fossil becomes lost to the public, a treasure
wasted. I hate to see this kind of indiscriminate behavior. Partial
collection is also a problem with amateurs. Some amateurs will go in and take
just part of an organism, a skull, maybe a few vertebrate, and not even record
or research the site. Improper collection is another problem. Indiscriminate
collectors will go in and pop something out and if it doesn't break up that's
fine, but if some of it does break apart that's also fine with them. They
would merely reply, "We will find another one." But those actions give good
amateur collectors a bad rap, a very bad rap. It portrays all of us as looters
of the past, not preservers.
One of the most responsible things we can do is to have a good clearing house
mechanism, some way to organize what we find in a specific area. If I am a
"professional" and I know that many amateurs have been collecting in this area,
I should be able to find records on what has been collected. This clearing
house would serve as a line of communication to prevent loss of valuable
specimens. In order to do that, there has to be accurate documentation of the
site and specimens.
If we don't eliminate our problems, we are doing an injustice to the sciences.
I am not talking about professional idealism, I am talking about the basic
precepts of science as a whole. I believe very strongly in science as a basic
fabric of our lives. As a group, we are self - regulatory ; however, that doesn't
always work. I am not a big brother person. I don't like someone telling me
how to put on my shoes, how to tie my tie, or even telling me how fast I can go
on the interstate. I don't like that. I am a very independent person. But,
if a premise is important and we are going to serve our society as a whole, we
have to have regulations that may cause us some inconvenience. You and I know
that there are unscrupulous people out there, people who really do not care
about anything other than how much a specimen is worth on the open market.
They will take a skull and not say where it was from or what it is, put it in
their house or sell it to the highest bidder. But this type of
irresponsibility is wrong and must be changed immediately. I see unified
regulations as the only viable alternative.
We need some way to guarantee simple fossil identification and a functional
paper trail on all significant finds. A paper trail could be horrendous to
follow, but to have correct documentation on all specimens, enabling someone to
use these records for needed information would be wonderful. With good field
notes we could find out where the fossil was taken and who removed it- -this
would be invaluable. There are abuses and I don't mean some youngster going
into a national park and picking up a small invertebrate fossil and putting it
in his pocket, which we all know is illegal. But if we don't do something
about severe abuses, such as collecting fossils without a permit or taking
specimens without landowner permission, we will have severe repercussions in
the future. What if someone were to lose a vehicle that the fossil was being
transported in? Is that too severe? I don't think so, because this kind of
66
behavior will cause all the rest of us a great deal of inconvenience and
professional liability.
An amateur collector is a very integral part of the scientific community,
whether collecting on public or private lands. On private lands fossil
collectors need to cultivate a responsible relationship with the owners and
accurately inform them of their findings. On public lands today, people may
collect, but some are not collecting properly and are going to cause everyone
to suffer the consequences of what they're doing. What is wrong with having a
permit that will make sure that everyone collecting has at least minimal skills
to do it properly. You must have a license to drive or hunt, and must exhibit
minimal proficiency before you may obtain one. What is wrong with having
minimum proficiency requirements to help preserve our nonrenewable fossils.
There must be parameters to encompass the collection, organization, and
preservation of our fossils. Our public lands must be protected. As far as
our private lands, that is up to the landowner. I do not believe that "big
brother" should come in and make that private landowner do anything that
concerns his property. The utopian idea that I have heard presented, that
"good" rational education and "good" rational people will make all the right
choices is wishful thinking. Education hasn't stopped drugs, illegitimate
pregnancies, or any other social ill. You say these concepts are not related
to today's discussion. No, not directly, but it still applies in theory.
There are always those who will abuse what is the best for other individuals,
if it profits them personally. Let's be realists, regulations are not the
perfect answer, but we need them for the benefit of all future generations.
Thank you .
Wade Winters
7720 Brookshire Drive
Urbandale, IA 50322
(515) 278-4483
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68
Remarks by Dr. Robert J. Entry, Department of Paleobiology,
National Museum of Natural History, Smithsonian Instution,
Washington, D. C. 20560
I'm beginning to wonder why I'm here today. It seems
that each one of the items I intended to mention has
already been mentioned by almost everyone who has spoken
today. But, I will go ahead and briefly mention a couple
of items I wanted to discuss. One is what I see as one of
the greatest underused resources in vertebrate
paleontology, one that has been mentioned by our last
speaker and most of the others who have talked today; this
is the amateur fossil collector or enthusiast. I think
most museums (I am speaking as a museum person) could do a
lot more to both educate and use amateurs in their
programs, both in fieldwork and in the museums; I know
there are many amateurs who would volunteer to work in
museums. In the National Museum we have several amateur
volunteers who work in our lab regularly, at least one day
or more each week. We are essentially only prohibited
from using more volunteers than we already do by not
having sufficient space and funds for equipment and
supplies. There are also several people on the staff of
our department who maintain extensive contacts with many
of the fossil clubs and amateur organizations along the
east coast. A group from my department makes a trip each
year through Virginia and North and South Carolina to
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visit fossil clubs and fossil fairs. Members of these
clubs now expect the museum group, and will bring the best
material they have found during the year to show and for
identification. Of course they are encouraged to donate
the important material to the museum — specimens we would
like to have for our collection, it they have sufficient
information to make them important scientifically, or we
think it is possible to reconstruct this necessary data.
Very often we will be given specimens; most of the so-
called amateurs are as professional as most of us
professionals are in recognizing the value of having these
scientifically important materials in permanent
collections, where they can be curated and maintained
permanently. Alternatively, we might promise to make a
cast of a specimen for the donor in exchange for the
original, or failing that we will ask to borrow the fossil
so that we can make a cast for our collections and then
return the original.
A project that I have been involved in just this summer
demonstrates the value of amateurs, and has resulted in
the first good land mammal fauna from Delaware. Teeth
were found by construction workers at a highway by-pass
near Dover. Some of these workers have brought their
finds to the Smithsonian for identification. They were
encouraged to look for more and in turn have encouraged
other construction workers at the site. Now many of them
70
seem to spend much of their spare time looking for
fossils. And they have been very generous in donating
important speciment to the museum. The result is that we
now have the most diverse Miocene land mammal assemblage
known anywhere north of Florida along the whole east
coast, and the fauna also includes many kinds of marine
vertebrates — fish, shark teeth, and so on. And, this
would not have been possible without the cooperation of
amateurs. To obtain a comparable collection, the museum
would have had to have several people at the site
continuously during the several months duration of the
project. This is the sort of thing that museums could do
more of. And it is obvious that many amateurs really
enjoy being helpful and contributing, especially when they
can see the scientific importance.
A second topic I wanted to mention is education, also
already mentioned by previous speakers. It needs to be
emphasized that more education and information is needed
at all levels, from elementary schools to universities, or
less formally from children to adults, including land
owners. As mentioned by a private landowner who spoke
earlier, landowners need to make themselves more aware of
what occurs on their property, what its importance might
be scientifically and what its commercial value might be.
I can tell you that much has changed already in this
regard during the past few decades. I began collecting
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White River fossils more than 30 years ago; then, when I
would ask for permission to look for fossils on private
land, the landowners almost invariably granted permission,
but often with such a statement as "sure, you're welcome
to go look, but I've lived here for 40 years and I've
never seen any fosils here." Chances are that the first
wash or outcrop I would walk over would have fossil
material all over it. In those days many landowners were
not aware of fossils on their own land. If I go to those
same places now, I am still usually granted permission,
but when I find something the landowner now wants to know
what it is worth, or how much I expect to get for it. I
have to explain that for my purposes it doesn't have a
monetary value; its value to me is its scientific
information, and if they want to know its commercial value
in dollars they are asking the wrong person. Much needs
to be done in education and information sharing, and I
think in general we need to stress more the scientific
importance of fossils, and the loss of information that
can happen if they are improperly collected.
The last item I want to touch on is regulation. It
seems that we should be able to come up with reasonable
rules to control collecting fossils from public lands, but
I don't think it is likely that we will come up with
regulations that will suit everybody ■ — there will be some
out at both extremes of the bell curve that won't be
72
happy. But this is always the case when rules and
regulations are made. In my opinion, we must have some
sort of control over collecting fossils on public land,
primarily to ensure that scientifically important
specimens remain in the public domain. I think the bill
recently introduced by U. S. Senator Max Baucus (most of
you probably have a copy of it now) is, in
general, pretty good, but I think some of its
provisions need to be modified. One of these (I
believe John Pojeta mentioned it this morning) is the
chauvanistic idea that fossils should remain in the
area where they are found; fossil from Texas, for
example, should stay in Texas or those from Wyoming
should remain in Wyoming, or even to the extent that
people want fossils from their areas to stay in their
local county or town museums. I agree with John that
this would be very detrimental to the science; if most
vertebrate paleontologists had to rely on fossils from
the states or counties where they are employed, most of
them would not have much to do. But it is also a bad
idea from a public education viewpoint. I will use my
museum, the National Museum as an example. We probably
have fossils from virtually every state, but, in most
cases, probably not as much material as those
individual states have in their own museums. But the
material we have on display from, say Nebraska, just as
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an example, is probably seen and enjoyed by an order of
magnitude, or perhaps two orders of magnitude, more
people in our museum than would see it if it were on
display in Nebraska. The National Museum has several
million (I believe 5 to 6 million) visitors each year,
certainly more than would visit any state museum, and
perhaps as many as visit all state museums. Certainly
people should support their local museums, and some
local fossil material is appropriate there, but also
supporting your state and national museums will have a
greater benefit for more people.
My second point of disagreement with the proposed
legislation is in its prohibition against any
commercial collecting on public lands. I would not be
in favor of unrestricted collecting, but I don't think
we need an ironclad rule against commercial activity.
If accessibility is determined by considering the
eventual disposition of specimens rather than who
collects them, then I can see how permits might be
given to commercial collectors on a case by case basis.
The deciding consideration should be that material
remain in the public domain.
74
FREE ENTERPRISE
vs.
BUREAUCRACY, SUBSIDY, AND MONOPOLY
Remarks delivered to Northern Plains Governors Conference, Rapid City, South Dakota
25 August 1992
By Peter L. Larson, President: Black Hills Institute of Geological Research, Inc.
217 Main Street/ P. 0. Box 643, Hill City, SD 57745
[NOTE: My remarks will concentrate on Commercial fossil collecting
but attendees should be aware that amateur fossil collectors also have a
vital concern with regulation of fossil collecting. However, no
representative for their interests was invited to speak at this
conference.]
Thomas Jefferson, collector and purchaser of fossils, once said:
A wise and frugal government, which shall restrain men from injuring one
another, shall leave them otherwise free to regulate their own pursuits of
industry and improvement, and shall not take from the mouth of
labor the bread it has earned. This is the sum of good government.
Fossils have been collected and sold as objects of beauty and scientific
interest for hundreds of years. Virtually every museum in the world has
acquired specimens from commercial collectors. These specimens are
used for display, research, and education.
The paleontological teaching collections in universities are nearly all
purchased specimens. These collections are indispensable in providing the
necessary "hands-on experience" to students of the earth sciences. Many
fossils, collected by commercial collectors, reside in private collections
where they are shared with many people who otherwise would not be able
to see and touch fossils.
Through the years, many important scientific discoveries have been
made by those people who sell fossils. These scientific discoveries
include:
The first Ichthyosaur and Plesiosaur - as well as more than 90% of
all Ichthyosaurs ever collected.
The bulk of all crinoids and trilobites ever collected, including
countless new species.
Every specimen of Archaeopteryx.
75
Most of the information and more than 98% of all the specimens
from the prolific fossil fish deposits of the Green River Formation.
A great many of the dinosaur discoveries and excavations were made by
commercial collectors. These include the Como Bluffs Dinosaur Quarry,
the Ruth Mason Dinosaur Quarry, "Supersaurus", "Big Al", "SUE", "STAN",
Avaceratops and the Careless Creek Fauna, and the deposits of the
Cedar Creek Anticline - from which Jack Horner has been able to
unravel dinosaur nesting habits and formerly unimagined aspects of
dinosaur social behavior.
There was a time that amateur, commercial and academic collectors
worked together for the advancement of the science and art of
Paleontology. As recently as 1987, the National Academy of Sciences
recommended that WE continue this cooperation. However, recent events
have divided the WE into US vs. THEM. I wish that it were not necessary to
make the following comments . . . BUT IT IS!
The organizers of the "Northern Plains Governor's Conference" and
proponents of Senate Bill 3107 would have you believe that FREE
ENTERPRISE IS EVIL!
THEY would have you believe that - if we make public lands off limits
to amateur and commercial collectors - it will decrease the supply of
fossils and therefore drive down the prices!. . .Where did these people
study economics?
THEY would have you believe that the way to save fossils is to leave
them to rot in the field, so that the elements which expose fossils will
also be allowed to destroy them!
THEY would have you believe that a Government Bureaucracy can deliver
specimens more efficiently and at a lower cost than Private Enterprise. -
AND Lest we forget, taxpayer subsidized Museums and Universities also
sell fossils! In fact, since 1960 at least 30 dinosaur skeletons have been
sold by THEM!
THEY would have you believe that fossils are rare and in short supply -
- But they also tell you that every time someone puts a shovel into the
ground it is necessary to pay a paleontologist to tell you if it is OK or not!
THEY would have you believe that it is more important to make lists of
fossils as they are exposed and destroyed than to actually save the fossil
itself!
76
THEY would have you believe that THEY are "only interested in the
public good' as they take their paychecks - drawn from taxes paid by you -
to the bank!
THEY would have you believe that the public is bad and cannot be
trusted!
THEY would have you believe that the interest in, and the knowledge of
paleontology will increase when THEY put those people who love fossils
into prison!
Well, I feel sorry for THEM. You see, the world has changed. The
totalitarian systems of Eastern Europe have fallen. The Soviet Union is no
more. The ideology of Absolute Government Control has proven to be a
miserable failure.
Here in the United States, our Treasury is bankrupt. Who will pay for
the implementation of Senate Bill 3107, this proposed BILLION DOLLAR A
YEAR BONE-DOGGLE. I personally do not believe the taxpayers of this
country will fork out the cash to further restrict OUR freedoms.
Free Enterprise Works. Those who sell fossils provide them
economically to museums, scientists, students and the general public.
Amateurs provide them free. The 1987 National Academy of Sciences
report entitled: Paleontological Collecting states that "the science of
Paleontology is best served by unimpeded access to fossils and fossil
bearing rocks".
Freedom works - and -Government subsudies, huge bureaucracies and
police states do not! Let’s turn us versus them back into us. The NAS
recommendations work! Freedom works!
77
78
Remarks by Gregg Bourland, Chairman, Cheyenne River Sioux Tribe
I would like to introduce myself to you first in our proper Lakota way. My
name is Wanbli Awanyankapi, which in our Lakota language means Eagles Watch
Over Him. I am Minnicouj ou-Lakota which is one of seven bands of the Great
Sioux Nation. I represent and am the leader of four of those bands which
reside on the Cheyenne River Reservation, being the Minnicoujou, Oohenumpa,
Itazipco, and Siha sapa. Those four bands and three others comprise the Great
Sioux Nation and I am here today to talk about a different set of public lands.
I have to get my notes here. I wrote them on the back of a business card- -I am
really organized. Basically, in 1851 the U.S. government came to my people,
seven different bands, the Great Sioux. They said we want to cut a treaty with
you people, a land treaty, and we are going to give you the lump sum total of
some 60 million plus acres out here. And if we do so, in exchange we want some
protection. We want some protection over a road we are going to build through
your land. And we fully admit, and our government the U.S. government, and the
President of the U.S. fully admits this is your land.
So, in 1851 we cut them a treaty, we cut them a deal. It was something we had
been doing for over thirty years with the government, cutting treaties, but
this was a land deal, a land treaty, and in 1868 they came again because we ran
into a problem over a Mormon's cow. Our people by that time were starving, so
we butchered a Mormon's cow and that started a ruckus. So, here they came
again. They said, "Look, we have got to calm everything down. We want to cut
a treaty with you. Meet us at Ft. Laramie, Wyoming". And so we met them at
Ft. Laramie, Wyoming, and we cut them another land deal and we gave them a slqg
of land. But, in exchange they gave us (and the whole 1868 treaty they cut
with us is a land treaty )-- they said forevermore you will never be able to give
any of your land away, ever. You will never be able to cede that land unless
3/4 of all adult males agree to this. It sounded like a good deal; it sounded
like a democracy, which we were used to enjoying.
A few years later they discovered gold in the Black Hills and they came back
again. They said, "hey look, (this is 1876) we would like to have you cede
some of your land. So, we are going to go out and take a vote of 3/4 of all
your adult males and get some of this land back". The vote failed. They could
not get it done. They went back to Washington DC. In 1877 they passed the act
that took the land, which reduced the great Sioux Reservation or Nation
considerably .
In 1889 they established the Reservation I currently reside on, three million
acres strong, encompassing all of two counties - -Dewey and Ziebauch, and we have
been there ever since. In 1908 they gave quite a bit of that land away under
the Homestead Act. We traded alot of that off, we sold it off so to speak. In
1978 the U.S. Supreme Court said they had never seen a more rank and
dishonorable dealing as the Act of 1877 in which this country stole from its
original inhabitants, the Sioux people, that land. But, sorry we cannot give
your land back, we fully admit the whole deal was a bad deal, we fully admit we
took the land, we will give you $100 million instead.
They gave us $100 million. They stuck it in a trust fund. We said we will
tell you where to stick your money and shove it. That money today is over $320
million and the Sioux Nation, people who today are faced with over 50%
unemployment, have never touched one penny of those dollars. Our tribe has
been accused of wanting these dinosaurs for commercial gain, for monetary
79
gain. Now, if it was the money, we've got $320 million that we refuse to
touch, because it is not the money, it is the philosophy.
The treaties and, of course, in 1935 our government was officially established
under the Indian Reorganization Act. Franklin D. Roosevelt was a primary
person behind that. It established the jurisdiction of our tribe, which gave
us the power of self-government, something other nations, such as the U.S.
government have enjoyed for years and which we had enjoyed for years until they
stuck us on the reservations. So, with the power of self-government came the
power to create ordinances and laws and we have enjoyed that ever since. The
Cheyenne River Reservation, being self-sufficient and self-sustaining to a
degree and being somewhat quas i - sovereign , is very concerned about the taking
of fossils from our public lands. Now, we have a unique setup on Indian
reservations because our land is held in trust. We have tribal land, in excess
of 100 million acres of tribal land, which is publicly owned by all members of
the tribe. And we have individual tribal trust land which is held in trust by
the U.S. government for individual members.
But our biggest concern is, and has always been, people coming onto Indian land
and taking freely from it. Of course, the first bone collectors we encountered
were the grave diggers. They came out and they took human remains. It was bad
enough that when we buried our people we did so in the finest regalia that we
enjoyed in life. We buried them with their finest possessions, only to see
these things stolen from the scaffolds. Fine, steal the man's things, but
don't steal the man; and that is what happened. For awhile there they got into
taking just the heads, the skulls of my people. Some of us know where our
families are buried. For example, I have a great great grandmother who only
myself and my grandmother know where she is buried. My grandmother said,
"Never tell anyone because they will take her head". Crazy Horse, the greatest
Lakota leader of our day, was buried in a secret grave and remains so today.
But we are not here talking about that, our original experience with the bone
collectors of that day. We are here talking, and I am talking, about the
collectors of today. Now, I will have to admit, our reservation has been busy
for years and years just trying to survive, but we do have laws on the
reservation and if somebody wants to come to the reservation, paleontologists
and look for fossils and collect fossils, the procedure is quite simple. You’
usua y come see the Chairman, I have 350 employees that work for me. I will
refer you over to one of them or they will refer you up to me. I will talk to
you about it. We will send you down to the land committee where personnel will
find out where you want to dig, what you want to do, who you are and if
everything is kosher, so to speak. They will draft a resolution that will go
e ore the tribal council and that resolution will authorize you to do
archeological, or in this case I realize a room full of paleontologists,
paleontological digs. But, believe me, after the experience of the past year
and a half I do have to say, and I would like to conclude with this, I extend
an open hand to the scientific community, to the valid museums, and the valid
scientists , but I am afraid that open hand will never, ever apply, under my
administration, to commercial collectors.
I am afraid we don't have room for that, because I truly believe that these
things should be shared by all people. Our tribe is very interested in
establishing a museum, maybe one in the Black Hills, so that we can tell our
story, the mythology stories, behind the great dinosaurs. And there are alot
of old mythological stories from the Lakota that you might be interested in.
But, we would like to tell these stories and we would like to work with the
80
School of Mines and Technology. You know I heard someone say here today that
we can cast them. We have been saying that for a year and a half. We do not
want to put the real one on display. All we want to do is to put the cast on
display and give the scientific community the original bones. So that
invitation stands to the scientific community, to you valid scientists that
will look for bones and dinosaurs, fossils. Cheyenne River is a hotbed of
them, there is no doubt- -we've got the biggest T-Rex in the world and we are
going to share that with the entire scientific community. I guarantee that it
will never be sold in Japan or China or God knows where they sell those
things. Thank you.
81
82
Panel Presentation by Tom Conger
It is a pleasure to be here and I am somewhat awed by the resumes being
presented both this morning and here on this panel. I am kind of in a minor
league, so to speak. But I am going to change the format here a little bit
from talking about bones and specimens and talk a little bit about where we are
getting them and a little bit about the people.
About 35 years ago I came upon a fellow one day in a pair of khaki shorts with
a pith helmet. He had an East Coast accent and for just a short bit I thought
it was Ozzie, but I learned it wasn't. This guy was from a very well-known,
very well established university whose scientific credentials are probably way
beyond the scope of anything I could relate to you today. The problem was he
was badly lost. He was under the misconception that everything west of the
Mississippi River was the great public domain of the American West and he was
fully expecting to encounter some of Mr. Bourland's cousins, and I say that
with respect, and some of my cousins - -whether or not they intended to take him
to the nearest Cottonwood tree or what- -I don't know. The fellow was a
paleontologist, but had no ability to establish a relationship with those of us
that live in the Great American West, which encompasses most of the people here
(we have got a few guys from back east so to speak, and I mean no disrespect
from where you come from) .
The important thing for you amateur collectors, professional collectors,
commercial collectors, and I hope I haven't forgotten anybody that is
collecting and involving themselves in the art of paleontology, is remember and
respect the property rights of those that you are dealing with. Those rights
go all the way from my rights and our rights I should say- -our ranch is a
family held partnership. It has been in existence for something over 100
years. It controls, with both deeded and leased land, something like about
20,000 acres that has a large library of fossils. I don't know all of them.
I have had quite a long relationship with the School of Mines and I've learned
alot about what is around and what is out there. And I am not sure they know
what all is out there. We run into strange things almost every day that we
don't understand what it is. The field of paleontology is very interesting to
me personally, and I guess that has fed the relationship with the School of
Mines from our aspect.
But those of you involved in the science and whether it is a relationship with
me or a relationship with the U.S. Forest Service in the case of the National
Grassland, whether it is with the Cheyenne River Sioux people- -with Mr.
Bourland's tribe, or whether it is with the National Park Service- -you want to
represent professionally whoever you represent to those people. You want to
build honest relationships. You want to tell them who you are, what you are
doing, and why you are doing it. You don't want to come off like the guy did
with the pith helmet and the shorts. He had six or seven Ph.D's. I am not
sure he could speak English- -I couldn't tell. But it was obvious to me that I
was to be awed by this education- -well , I wasn't. And it took a long time for
guys like Dr. Jim Martin (he introduced me to Ozzie and I have been scared of
him ever since) and a number of other folks to dispel that impression.
So what you folks need to do is work with all of us that are the original
custodians, shall we say, of these fossils. We are the stewards or caretakers
of land, whether we are in the business of it as a career (working for the
government) or in the business of it as ranchers and farmers trying to make a
83
living off that land. That is a relationship that we have got to nurture and
we have got to expand on it.
I like to see the cooperation. I dislike some of the innuendoes that have been
made around this conference in respect to people's beliefs about whether or not
we should collect commercially here or there or whether we should collect as
amateurs here or there. I think that the scientific aspect and the legacy that
is involved in a situation with creatures that lived for a couple hundred
million years far exceeds our brief time that we have got to examine that.
So with that I would just like to leave you with the thought- -build a
relationship with the landowner, educate him, let him know what you are doing,
get him interested in it. He might even, as some of the paleontologists,
help. He might even help you get something drug out when it weighs 500 pounds
and occasionally they do weigh at least that much. Thank you.
84
Panel Presentation, "Fossils for the Future"
The title for this conference, "Fossils for the Future", is very appropriate. My personal concern as a
paleontologist, a museum curator, and as an American citizen, is the preservation and care of irreplaceable,
nonrenewable vertebrate fossils. This concern is immediately relevant to the discussion of the legal
protection afforded vertebrate fossils on public land, and the attemps of commercial interests to capitalize
on these national resources by illegal collecting.
Public lands are preserves. Fossils are held in trust on public lands until new techniques for
analysis and dating come along. The current system of collecting vertebrate fossils on federal land under
federal permit has developed from legislation enacted over the past 90 years. This has been recently
reinforced by FLPMA and the Code of Federal Regulations. The way the system works, briefly: (1)
collecting is legal only under permit, and (2) although vertebrate fossils may be housed in public museums,
they remain in the custody of the federal government. The legal collecting of vertebrates on federal land by
permit, and their subsequent disposition, has prompted complex rationalizations by those who collect
without permit and those who seek to avoid notice by museums, universities, and public land managers.
Collecting by permit is a system that works. It has made universities and museums responsible for
the care and inventory of fossils from federal lands and fossils in their respective collections. These
institutions have year-round programs using staff, students, volunteers, and avocational collectors to
inventory public lands, to record provenience and stratigraphic associations, and to maintain collected data.
The discovery, study, and description of species new to science is an integral and ongoing process for
institutions and associated support groups.
Contributors to a National Academy of Sciences document stated that vertebrate fossils were
"renewable resources." This is not the consensus of vertebrate paleontologists, as evidenced by statements
of the Society of Vertebrate Paleontology, a perservation organization with 1500 members. Vertebrate
fossils can not be harvested like plants or even minerals because vertebrate fossils are unique and
nonrenewable. Vertebrate fossils are the remains of a finite number of animals, and of these species, only a
tiny fraction were preserved as fossils in the first place. Anyone who defines vertebrate fossils as
"renewable" and says they can be found in the next outcrop down the road has never dealt with the reality
of collecting vertebrate fossils in the field, and fails to appreciate the critical role of locality and stratigraphy
in the context of a fossil discovery. The fact that prices of $50,000 to $500,000 are placed on vertebrate
fossils suggests that both the seller and the buyer hardly consider these specimens to be "renewable."
In southern Nevada and California, not only fossil localities but entire exposed formations are
disappearing at an alarming rate due to urbanization. Our fossil localities are becoming street addresses,
and no one is willing to dig under a $300,000 house. The increasing pressures of urbanization and
development of private land throughout the nation make protection of fossil resources on federal land even
more vital. Vertebrate fossils are truly nonrenewable resources that provide us with a national record of
events that span more than 400 million years.
The different motives of institutions and commercial collectors have a direct affect on the continuing
preservation of vertebrate fossils. There is a vast difference between the motive of preservation on one
hand and the motive of profit on the other. With preservation comes accurate stratigraphic and locality
data, and specimens that are housed for future generations. In contrast, with profit comes failure to
acknowledge land status, avoidance of permits, and avoidance of museums and the interested public.
There is no available inventory of private collections, there is no available catalog of fossils in private
collections. There is no list of fossils sold abroad. Fossils collected illegally from federal land and sold
commercially are not saved— they and their data are lost.
The profit motive places dollar values-very high dollar values-on vertebrate fossils. But what are
we actually losing? Not just costly curiosities. With commercial collecting on public lands, we are losing
the record of life. We are losing locality data, we are losing stratigraphic data, and we are losing facts
about populations of vertebrates that lived millions of years ago. We are losing a 300 million year North
85
American record that individuals, families, institutions, and the BLM, the NPS and the USGS are trying
desperately to maintain in the public domain. We are losing information about the history and habitats of
our nation, information about interaction and relationships between species. We are losing information
about structural events including earthquakes and mountain building, information about major climatic
change including Ice Ages and deluges of volcanic ash.
We are losing clues to the causes of extinction, a condition on our crowded planet that we must not
ignore.
The current system of federal permitting and regulations works and works well. These regulations
will be clarified by the Baucus bill. The federal permit system places the responsibility for preservation
with an institution where fossils and their data will remain as part of our public heritage and be available
for future generations to appreciate. I, for one, strongly oppose the commerical exploitation of our national
heritage for the profit of a few in the private sector.
Robert E. Reynolds August 21, 1992
San Bernardino County Museum
2024 Orange Tree Lane
Redlands CA 92374
86
PANEL ON CURRENT TOPICS
Dr. Michael E. Nelson
Summary
I would like to thank all of the participants for contributing to this
panel session on Current Topics. These excellent presentations will serve
as discussion springboards for tomorrow's Issue Sections.
The major themes of today's session are as follows:
1. The education of our youth is extremely important.
2. Amateur collectors have a tremendous amount of enthusiasm, provide
a valuable resource to institutional paleontologists, and have an
obligation to correctly document their collecting activities.
3. Most amateur collectors are professionals and are willing to work
in tandem with museums and Universities.
4. There should be better collaborative efforts between
"professionals", amateurs, and commercial collectors.
5. Many paleontological opportunities are available on the various
Native American reservations, and many residents are willing to work with
institutional, but not commercial, collectors.
6. We must respect the rights of private landowners. Field
paleontologists must be honest with the landowners so that excellent
relationships may be constructed.
7. Vertebrate fossils are unique, nonrenewable resources, and many
specimens are being lost through the actions of commercial collectors
Although the viewpoints presented today are diverse, all participants are
interested in preserving vertebrate fossils.
I would again like to thank the participants and release them from their
duties with a hearty round of applause.
87
88
Name : Michael Triebold
Affiliation: Triebold Paleontology
PROTEST
I protest the publishing of proceedings on the basis that a
meaningful discussion of the issues did not take place, due to
the cancellation of the conference. No opportunity existed to
seriously challenge any of the speakers, whose views were in some
cases blatantly aggressive, arrogant, and slanderous towards
commercial fossil collectors. Publishing the contents of the
speaker's presentations MUST NOT be considered a concensus. Doing
so will confirm that the meeting's purpose was simply to put a
respectable facade on an already formulated agenda, making the
entire process a sham, and a waste of taxpayer's money.
Re: Public Awareness & Education. Hugh Genoways. His presentation
concentrated on blaming the "poaching" of fossils in parks on
commercial collectors. (Interestingly, especially heavy "poaching"
took place near tourist rest areas.) If they spent as much energy
trying to find out who is "poaching" as they spent documenting
holes in the ground, I suspect they would come to a different
conclusion .
Re: Economic Development. Charles E. Clay. An interesting
presentation, but hardly relevant due to the very special nature
of the Hot Springs site. It totally avoided discussion of direct
fossil sales of vertebrates found at isolated localities.
Re: Senate bill S. 3107. Pat Leiggi. The "facilitator" did not
allow any questions after Pat Leiggi ' s presentation and endorsement
of the bill, even though dozens of hands went up.
1. The bill would create a new and unnecessary bureaucracy that
we can ill afford. 2. The bill pretends to accomodate commercial
collectors, but it would destroy our customer base. The bill
would prohibit "...direct or indirect affiliation with a commercial
venture that engages in the collection of fossils. .." (Section 4(7) (B)
by what it refers to as "suitable institutions" . 3. It allows
commercial collectors to contract with those "suitable institutions"
for excavation. Commercial collectors are honest, hardworking folks
who have taken tremendous risks and invested thousands of dollars
in equipment and facilities. I doubt they'll rush to become field
hands for museums. 4. The bill classifies all vertebrate fossils as
"scientifically significant". (Section 4(3). This broad, sweeping
definition is unrealistic. Even certain dinosaurs and marine r J_ J_0S
are described in the scientific literature as "common" and "abundant" .
5. The sponsors of the bill blame "poaching" of fossils on commercial
collectors. Do you outlaw deer hunting because of poachers? Do you
close the National Parks and allow only rangers in because a few
people litter? Of course not! This bill represents a simplistic (and
unfortunately completely ineffective) solution to a complex issue. It
would contribute to the impoverishment of the nation, benefitting the
taxpayer-supported government scientists at the expense of tax-paying-
job-creating-wealth-generating private enterprise. Under S. 3107,
we would have a good system for watching the fossils crumble to dust.
89
Name : Michael Triebold
Affiliation: Triebold Paleontology
Re: Conservation & Preservation. Jason Lillegraven. This presentation
was yet another offensive, vicious attach. It had little to do
with the title, but instead was filled with negative and biased
comments about commercial collectors. He even had the nerve to list
our motives. He is not qualified to do so. His participation as a
speaker did more to set back the possibility of discussion than any
other presentation.
Re: Amateur Collectors. Wade Winters. This "amateur collector", who
applauded S. 3107 doesn't even belong to any amateur collecting
organizations . How dare the organizers of the conference shun the
leaders and thousands of members of the numerous amateur groups!
Clearly I am angered that the organizers of the conference did not
heed Governor George Mickelson ' s urging "...to ensure all interests
informed discussion of the issues at hand . "
RECOMMENDATIONS: Allow commercial collecting on public land. It
should be Permitted, with fees and regulations, but allowed and
encouraged. Senate bill S. 3107 has it all upside down. Permitted
collecting on public lands would bring to light far more specimens
than any other system, and it would cost taxpayers virtually nothing.
(When was the last time a government program was more efficient than
private enterprise?) All parties must recognize and accept the fact
that vertebrate fossils are both a scientific and economic resource,
and the needs of both interests can be accomodated. This is the only
way to truly protect the fossils. I have many ideas on how legitimate
commercial collecting of vertebrate fossils on public land can be a
significant positive for the scientific community, and I am willing
to enter into a forthright discussion of those ideas with anyone
willing to stop the name-calling and finger-pointing long enough to
listen. This is an invitation to discuss and formulate long-term
workable solutions for the good of science, for the good of commercial
collectors, and for the good of the nation without the destruction of
careers and burgeoning bureaucracy which would be imposed by S. 3107.
Yours sincerely.
Michael Triebold
Triebold Paleontology
535 Central Avenue North
valley city, North Dakota 58072
701-845-0133 fax:701-845-3419
90
Name: June Zeitner
Affiliation: South Dak. Paleo Task Force
OVERV IE.W . Keith Ferrell and John Pojeta gave excellent papers.
I felt that some of the presentations were confrontational and
only served to antagonize those with other points of view. It
seemed as if many people were not there to work out a compromise
but to see that only their personal concept prevailed. There is
certainly something fair and acceptable and perhaps something
unwise and unjust in all the diverse opinions. Only with open
minds and a willingness to work together will these issues ever
be solved. On the whole the program was much better than the first
draft, as it did demonstrate an effort to hear all sides. Many
amateurs feel that the government is against them and is trying
to close them out. Relat ionships between the amateur community
and the Buffalo Gap National Grasslands have been excellent. I
see no reason why other groups can’t solve their problems in a
friendly manner.
I ( 2D ) The amateur collector is often given a bad rap through
mistaken conclusions on the part of government officials. The
words amateur and vandal are not synonyms. A good example of
this is the slide of a turtle shown at the conference. It was
suggested that an amateur had dug the turtle out and left it
there for nature to destroy. No amateur would ever leave that
turtle out in the open. That wasn't a bad turtle. If an ama¬
teur found it exposed he would carefully collect it, take it
home, spend many hours preparing it , than call in all his friends
and neighbors to admire it. If he didn’t want. the turtle he
would cover it up, mark the spot, and report the find to someone
who might want it. Amateurs do have a code of ethics and they
follow it. The turtle was clearly the work of someone who did
not know or care about fossils. Amateurs care ! Amateur means
love, not destruction. I hope the decision to make the public
confuse the words vandal and amateur was not deliberate.
I ( 5A) Public education about fossils is important, partly
'because if people do not know or care about fossils they will
not want their tax money to go for funding government paleon¬
tological museums or institutional paleontologists.
Amateurs play a big part in fossil education. They take
their collections to schools, let the children handle the
fossils and learn about them, they give small specimens to
the children, and leave books and periodicals, and often
collections for the school library or lab. They do all this
without charge. Many adults only hear about fossils when some¬
one they know is an amateur collector and shows off his coll
ection. There are probably over 100,000 amateur fossil coll¬
ectors. They are the free eyes and hands for institutions
with not enough funds or personnel. If they are cut off from
their interests it will be a major blow to paleontology.
91
Name :
June Zeitner
Affiliation:
S. Dak.
Paleo Task Force
Amateurs have also made contributions to fossil literature.
Excellent books and magazine articles have been written by
amateurs and widely circulated because they are written so
that the general public can understand them. Examples are
Fossils For Amateurs by Russell Mac Fall and Jay Wollin
and Keys to Identify Pennsylvanian Fossil Plants by the
Earth Science Club of Northern Illinois.
II ( 1D1) There are over 60 amateur paleontological societies
in the United States. These people study fossils, prepare fossils
and oexhibit fossils because of a deep interest. Among other
thirffe they are volunteers for museums and museum digs. They
donate fossils and sometimes entire collections to museums.
They give generous scholarships to institutions which teach
geology. They influence their friends and relatives to have
interest in and respect for fossils. The good work of these
societies is not supported by tax money. Any legislation
which would discourage these societies so that they quit will
be paleontology's loss.
The point is made that some of these amateur collectors buy
fossils to add to their collection, that somehow purchased
fossils are lost to science forever. The opposite is nearer
the truth. If a person knows enough about a fossil and the
needs of adding a meaningful specimen to his collection, to
purchase it with hard earned money, he is not going to harm
it or hide it. He is going to learn all he can about it, dis¬
play it, write about it, talk about it, and probably in the
end leave it to a museum.
II ( IE ) „ Communities interested in the possible economic de¬
velopment of fossil resources should study the Mammoth Site
of Hot Springs.
Small communities should realize that they will probably
not make a lot of money with a local museum, but they will
serve their community and enhance the reputation of their
town. Community museums are very important to school chil¬
dren. Not every child has an opportunity to go to the
Smithsonian or another large museum.
III ( 1A) The public is better served if significant speci¬
mens are donated to museums, however many times a fossil turns
out to be exceptional only because hundreds of hours of careful
preparation have made it so. In this case if the museum is able
to reimburse the person for the work, not the fossil, it leads
to better feelings and perhaps more good fossils.
One reason that some amateurs do not donate more fossils to
museums is that they have the impressions that museums have
thousands of drawers full of fossils which are never touched.
There are mistaken attitudes on all sides and these need to
be frankly addressed.
92
Name: Jennifer Reynolds
Affiliation: San Bernardino County Museum
(Public Information Office)
I. PUBLIC AWARENESS AND EDUCATION
Public understanding of the importance of vertebrate fossils is vital to assuring their immediate
and future protection. That awareness levels can be raised in the public sector is clear: we have
examples of endangered species (at least, the glamorous ones) that have led to widespread acceptance
of restrictions regarding their survival: ivory, dolphin-free tuna, tiger-skin rugs, for example. To get
information to the public, we need to educate the media, starting with basics (eg. that paleontology
and archaeology are different disciplines). Before we can discuss, with a general audience, the
protection of vertebrate paleontologic resources, the audience must understand that we are talking
about fossils of animals with backbones, not clams, not petrified wood, not mineral and rock
specimens. It would be helpful if all involved in this endeavor— amateurs, professionals, educators,
spokespeople, scientists, and commercial collectors— would desist from clouding the important issues
of vertebrate fossil preservation on public lands. It is a challenge to communicate without jargon. It
is a disservice to the resources to spread misinformation and false analogies. It is unfair to use "the
public" as an excuse in the discussion of some of these issues. The public is not dumb. To appreciate
and understand vertebrate fossils, it is NOT necessary to own one, any more than it is necessary to
own a masterpiece of fine art in able to appreciate it. The public can understand that public land
contains public resources. If every person and every group concerned with the legal collection of
vertebrate fossils can refrain from deliberate misrepresentation of the current situation, meaningful
discussion might result in actual consensus!
It would be extremely helpful if all regulatory and planning agencies, at all levels of
government, carried out their respective responsibilities for the protection of vertebrate fossils on
public lands under the same (or equivalent) sets of legislation, regulations, and guidelines. I personally
believe SB 3107, in consolidating and clarifying existing legislation, would be a good first step toward
this goal. The Governors Conference was a good step toward various agencies getting together to
review and compare their various guidelines and policies. If all the involved agencies that regulate
public land on a federal level can maintain communication (formally or through a less formal network)
and eventually come up with workable standards, such standards will have a greater opportunity of
being applied at a state level, and eventually at local planning levels.
If the public, private, academic, amateur, profit, and nonprofit sectors can see that protective
regulations and policies are uniformly applied, there is a much greater likelihood that all sectors will
cooperate in ensuring that these resources receive the protection they deserve.
It is very important that amateurs and avocational vertebrate fossil collectors be involved in all
stages of the educational process needed to assure that the public understands and appreciates the role
of vertebrate fossils in the heritage of our nation and the history of the earth. Organized groups, from
"hobby" clubs to societies that encompass both professional and amateur paleontologists, are a ready-
make network to educate and inform the general public, through newsletters, shows, school
presentations, bulletins, lectures and informal talks, and local media publicity. Again, the importance
of sharing correct and accurate information is critical to public opinion and to cooperation with
protective measures. Clearly, institutions such as museums can play a major role in forming joint
ventures with amateur organizations as well as encouraging individuals to work within a volunteer
setting that provides institutional access to collections and collecting opportunities.
93
Name:
TOM K IL IAN
Affiliation: SD STATE HISTORICAL SOCIETY
II. ECONOMIC DEVELOPMENT
Careful planning for the role of economic development can
provide increased financial resources for the entire paleontological
community. Increased tourism and heritage travel can bolster local
and state economies, as is well demonstrated in sites such as
the Mammo th Site at Custer, SD. State legislatures and local
economic development groups need to be given specific instances
such as this, showing how public and private interpretive projects
attract visitors and dollars - as they educate.
Many rural communities in the Northern Plains - where fossil
sites are more common - can develop projects that can contribute
to public understanding and education, as they strengthen local
economies. There is no eminent danger that such exhibits will
become too numberous or common. Indeed, the presence of a number
of sites in an area can serve as a more powerful magnet to
attract visitors.
It does not follow that increased emphasis on economic
development will result in increased unethical or destructive
practices by collectors. Rather, an increased awareness of the
economic potential of interpretive and educational projects
will result in an increased concern for responsible practices
in collecting. It will sharpen the interest of public land
managers and private landowners alike and will provide new
opportunities for service by collectors over a wide range
of interests.
Public access is an important key to securing financial
support not/ now available for the work of professional and
and amatuer paleontologists alike. The financing of museums,
exhibits, educational and recreational projects can be found
in devloping projects that enable the general public to have
access, to see first-hand, to learn and understand. They will
become advocates themselves for the conservation and preservation
of these important resources.
It is when the interests of groups coincide that cooperation
becomes possible: everyone interested must gain something.
++ +
94
James H. Madsen Jr.
FOSSILS FOR THE FUTURE
I. Public Awareness and Education
A. Interpretation Opportunities and Challenges
1. Utilize the existing PR programs and educational outlets
of the agencies, e.g., BLM, NPS, & USDA, FS.
2. The challenges should be minimal because this course
is currently visible to the agencies.
3. Focus on Tourist S Travel agencies to correct bad
information .
4. Utilize amateur and hobby organizations - very
important .
B. Partnership Opportunities
1. Interagency
a. Cooperations already on line, but they need direction
and focus on the illegal fossil collecting issue.
b. Regard illegal fossil collecting the same as
poaching, etc.
2. Federal /State
a. Need cooperation between law enforcement agencies,
including State Wildlife Resources.
b. Need to share P.R. and educational resources
3. Public/Private
a. Cooperation between school s , amateurs, and hobbyists ,
b. News media should help identify vertebrate and many
other fossils as non- r enewabl e resources
4. Academic/Amateur
a. This relationship must be cultivated.
b. It is imperative that amateurs be locked in with
professional paleontologists and separated from the
commercial collectors.
c. Commercial collectors have tried to include amateurs
along with hobbyists and rockhounds to create a
larger voice.
d. Amateurs may be defined as those who collect with the
intention of using fossils for their educational and
scientific value.
e. Many rockhounds (hobby collectors) may be regarded as
amateurs .
f. There are an estimated 173,000 hobby collectors of
minerals, rocks, and fossils.
5. Profit and non-profit
a. Issues constitute as large an impact on amateurs as
on professional paleontologists
b. When fossils are collected as a hobby from Public
Lands and then sold, it is a violation of the law.
c. In theory hobbyists and amateurs do not collect for
a profit motive, the most important difference with
commercial collectors.
d. All commercial collectors are not in violation of the
1 aw .
e. Self policing will not work.
95
C. Public Education
1. Public Participation
a. Outreach programs
1) should be coordinated through educational
institutions and museums with professionals
getting involved rather than maintaining the usual
aloofness .
2) Include scouts, schools, and clubs
3) land managers have a large role here.
4) Organized hobby collectors conduct classes.
b. Field opportunities
1) Were investigated by the Utah BLH at one time to
create collecting areas for common types of
fossils .
2) Designated collecting areas may take pressure off
sensitive ones.
c. Definitions
1) Professional Paleontologist - studies fossils,
publishes research, and is usually employed as
teacher or museum staffer.
2) Amateur Paleontologist - knows scientific value of
fossils, may or may not publish, and is usually
allied with professional paleontologists; but does
not study fossils as a vocation
3) Rock hound is a hobby collector - for the fun of
it, but often may be classified as an amateur.
4) Fossil Dealer - buys and sells fossils, or trades
for profit.
5) Commercial Collector - collect and sell to public
or wholesale specimens to Fossil Dealers. Some
are legitimate, but many are suspect of illegal
activities .
2. Public Support
a. Volunteerism in an Institutional setting
X. already on line, but there is a need to
coordinate, one institution or group with another.
2. Amateur Paleontologist groups recently organized
across the state of Utah - ask Dave Gillette - put
them to work!
3. Institutional volunteers in paleontology may be
among our best shots at educating and separating
the hobbyists (rockhounds) from the commercial
collector stigma.
4. Hobby collectors are the numerically largest group
and as such, a very important resource to the
professional collectors.
5. Needs financial support from the institutions and
agencies
96
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TAai^C p'oj
Name: John W. Hoganson
Affiliation: North Dakota Geological Survey
I. PUBLIC AWARENESS AND EDUCATION
Education to promote public understanding and awareness of the
importance of fossil resources should be an important aspect of
federal and state fossil resource management programs. Federal and
state government resource management agencies, universities, public
schools, museums, and amateur paleontological societies should work
together to most effectively accomplish this goal. These public
awareness programs should be coordinated at the state level by
state government fossil resource management agencies, such as state
geological surveys, that have paleontological expertise. Activities
should include formal classes, museum activities for adults and
children, public lectures and workshops, outreach programs, field
trips, and public participation in scientific excavations.
II. ECONOMIC DEVELOPMENT
The publics fascination with prehistoric life, particularly
dinosaurs, is prompting some communities to build museums to
exhibit fossils to attract tourists. This may provide some economic
development for some communities in depressed areas of the western
states. If done properly, these exhibits may also provide a
mechanism to educate the public about the importance of our fossil
resources. Development of in situ fossil exhibits, similar to the
Hot Springs mammoth site, should be encouraged for economic and
educational purposes.
The buying and selling of fossils, particularly vertebrate fossils,
should be discouraged because it creates a commercial market for
scientifically important objects. Often the scientific information
is lost when fossils are marketed. Fossils should be considered
part of our natural heritage and scientifically important fossils
should remain in the public domain.
III. PRIVATE LANDOWNER RIGHTS
Private landowners should have the right to determine what is to be
done with fossils found on their property. Fossil resource managers
should provide them with information about their options but
encourage them to deposit significant fossils in public
institutions so that the specimens remain in the public domain.
State governments should set up contingency funds for acquisition
of fossils found on private property. Government fossil resource
managers should provide landowners attractive programs for
preserving important fossil sites, such as North Dakota's Natural
Areas Registry Program.
99
Name: John W. Hoganson
Affiliation: North Dakota Geological Survey
I ?(l
IV. PUBLIC LAND MANAGEMENT
The federal government and each state should have well thought-out,
comprehensive fossil resource management programs. These programs
should be administered by gualified paleontologists affiliated with
an appropriate agency, such as federal and state geological
surveys. State and federal fossil resource managers should work
together to effectively manage fossil resources on public lands.
Formal agreements between state and federal fossil resource
managers to cooperatively manage and protect fossil resources, such
as the one between the North Dakota Geological Survey and U. S.
Forest Service — Custer National Forest, should be established.
I
A comprehensive fossil resource protection policy for federally
administered public lands is desperately needed. Senate Bill 3107
would provide the necessary protection for vertebrate fossil
resources and still allow fossil collecting by professional and
amateur paleontologist. „•
l
V. CONSERVATION AND PRESERVATION
I
1 ai
Preservation of important fossil specimens and sites for future
generations should be viewed as an obligation by fossil resource
managers. Preservation of fossil resources should be an integral
part of each state's fossil resource management program. s
Interagency cooperation at the state level is an effective way of
preserving fossil sites, such as North Dakota's Natural Areas
Registry Program. Cooperation between state and federal fossil
resource managers to protect significant fossil sites on federally
administered lands is needed. ?;
The loss of fossil specimens and particularly scientific
documentation for specimens has become a major problem because of
increased interest in fossil collecting by hobbyists and commercial
collectors. To encourage preservation of fossil specimens and i
scientific information about the specimens, each state should have It
a state sponsored fossil repository, preferably at a state
supported museum. This state fossil collection should be
administered by the state's fossil resource managing agency.
Acquisition of fossils for that collection, for scientific study
and public display, should be an important part of the state's
fossil resource management program. Hobbyist collectors should be P
encouraged to participate in development and maintenance of the
collection. Classes for hobbyist collectors to teach proper In
extraction and documentation techniques should be provided at the e
state's fossil repository. p
I c
Fossil resources should be included in each state's overall
resource management plans. In North Dakota, for example, oil and h
gas lease tracts are evaluated for potential impact on
paleontological resources before they are listed. State fossil
resource management agencies should maintain an inventory of
documented fossil sites within the state to assist in identifying
paleontologically sensitive areas.
100
Name: Dean A. Pearson
Affiliation: Curator, Pioneer Trails Museum
*y
PUBLIC AWARENESS AND EDUCATION
We have a good working relationship in the state of North Dakota
between the Pioneer Trails Museum, the North Dakota Geological
Survey, and the institutions of higher education. This co-operation
exists for the sharing of reference materials both as written
information and specimens, field opportunities, and academic programs.
Assistance is always provided when asked for any project. The
Geological Survey has allowed us to operate under their permit and to
j collect sites with their guidance on federal and state lands. Both
I the BLM and USFS have worked with us on these projects and we have a
good working relationship. Everyone who is involved shares the
information and all specimens are properly curated and stored. This
i is a relationship that could be used as an example of what is possible
when people work together.
ECONOMIC DEVELOPMENT
Dinosaurs are a big draw for tourism at the moment and specimens
placed on display can and should be utilized for tourist attraction.
However, economic development should not be realized from the sale of
fossil vertebrate materials. Communities should work with collectors
and establish displays in their areas with the guidance of trained
paleontologists. Scientific data should also be gathered and
presented to a research institution or repository for future
reference. All vertebrate fossil material should be considered as
significant scientific material because they all are a non-renewable
[ natural resource and once depleted there will be no more. No person,
organization, or institution should be allowed to profit from the sale
of the original fossil vertebrate materials.
PRIVATE LANDOWNER RIGHTS
The decision to allow collecting and dispensing of fossil
materials on private lands should rest in the hands of the landowner.
However, all options available for the fossils collected should be
made accessible to the landowner prior to or during the collections
taking place. Both sides of the "Sale v.s. No Sale" issue should be
presented at this time.
PUBLIC LAND MANAGEMENT
We are in need of paleontological protection legislation for
public lands. The current Antiquities Act is not adequate. I endorse
Senate Bill 3107, as it is written, as the most effective way of
managing our paleontological resources on these lands. This bill will
expand the opportunities of amateur collectors in enabling them to get
permits assigned to them, possible curation of fossils into private
collections if they are made available to the public, and assistance
from research institutions and professionals. Museums may also be
able to act as a repository for fossils collected on public lands and
be able to operate under their own permits for collecting. No
individual, group, or institution should be allowed to collect on
federal lands for a profit. These lands belong to all taxpayers and
: the abilitv to profit from them should not be a benefit to a few.
101
CQHohRVAT I OR AMD PREoERVA"
Most untrained collectors and those who are collecting only for
monetary gain do not gather or maintain accurate scientific data when
collecting specimens. Once a specimen is removed from the place it
was eroding out from and no data is collected, information on the
specimen, associated specimens, and the environment at the time of
deposition are lost forever. Very rarely can an individual place a
removed specimen back into the same stratigraphic context from which
it came at a later date. A fallacy often heard is that if the
specimen is not collected the weather will cause it to fall apart and
it will be lost. True, the weather will destroy a fossil if left
unprotected but, it is better to find a few identifiable fragments in
place to signify what was there than not to find anything at all.
Most who are collecting for profit are interested in the large,
aesthetically correct, better preserved fossils. Consequently over a
period of years systematic collections of these items will deplete an
area of an entire fauna until new erosion exposes additional specimen
if they are there. A study of species diversity through this area
after it has been collected.' will be a biased study if no knowledge of
the prior collections are made public. This is the reason scientific
data collected at the time of specimen removal is so important. Most
states have no requirement to deposit or collect this data. A
designated repository for this data whether voluntary or mandatory
should be established and all collectors should furnish collection
data as a gesture for the preservation of science.
1 feel it is imperative we preserve these resources before
fall to destruction and disappearance like Chp? worlds rain fores
Commercialization of these natural resources- /should stop. There
more important uses for them than monetary m
i:hey
ire
FaleonT
Pioneer
Bowman ,
<c
-earson, Curator
.ogy Department
Trails Museum
STorth Dakota
102
NORTHERN PLAINS GOVERNOR'S CONFERENCE
COMMENTS ON ECONOMIC DEVELOPMENT
DAN GRENARD - BLM PROJECT MANAGER
for the Garden Park Fossil Area
September 23, 1992
I . LONG-TERM OPPORTUNITIES
A . Tourism and Heritage Travel
Surveys conducted in Colorado such as the Longwoods report demonstrate
strong public interest in museums and tourism focused on natural and
historical features. A survey conducted along the Arkansas River
showed strong demand for information on natural and historical
features. These surveys also show this interest is increasing.
B . Interpretation/Recreation on Public Lands
Two major planning efforts are in progress in our region. A master
plan for interpretation of the Garden Park Fossil Area is being
prepared in Canon City and a master plan is being prepared for the
Purgatory Dinosaur Trackway. It is probable both plans, if
implemented, will provide the public with excellent opportunities to
learn about paleontologic values on public lands.
C . Responsible Marketing of Limited Resources
The master plan being developed for the Garden Park Fossil Area
contains goals which call for interpretation, education, and economic
development. Balancing these development goals are preservation goals
that call for care and preservation of the paleontological resources
in the Garden Park Fossil Area. Obtaining this balance is a delicate
but achievable goal.
Based on our public educational programs to date, we have found that
an informed and knowledgeable public will help take proper care of
these resources.
D . Amateur Paleontologic Societies
The Garden Park Paleontological Society has goals and objectives
listed in their by-laws which promote: public education, resource
care, and economic development. They work in close cooperation with
the Bureau of Land Management, the Denver Museum of Natural History,
local governmental entities, and business interests. They have
demonstrated that with simultaneous careful planning, great economic
benefits can be provided to a community with responsible resource
management and strong user ethics.
E . Rural Economic Development potential.
While conducting an economic analysis of the proposed Garden Park
Visitor's Center, an economist with the BLM State Office described the
103
economic development
center. The analysis
over 600 new jobs in
dollars of income to
that would occur as a result of the visitor
showed that the visitor center would generate
the private sector and provide about 11 million
the area annually.
104
Name: p Dorothy M. Boyce
Affiliation: R AAPS _
V. Public Land Management 1) C) Senate Bill S3107
t seems to me that there is only one issue at this conference and that
s: "Can a small elite group of paleontologist along with their various
government agencies have the power to create a monopoly of the fossils
j|n this country?"
his bill would give this small group power to use tax payer's money
flor anything they choose to call a fossil regardless of whether the
taxpayer or voters like what the annoited group decides is in our best
jjnterest .
resent the attitude of this small elite group for having disregarded
11 the contributions from the general public to their museums and the
tax monies to maintain their museums and salaries. I would like to know
wjhat this elite group proposes to do with all the specimens they
lready have locked away in their basements; also, what they propose to
do with the uncollected fossils. These questions were asked at the
conference but not answered. A fossil not collected is a fossil lost to
erosion and the public. There is an alternative in the proposal for
Paleontological Collecting published in 1987. This proposal was
ajected by our elite group as it contained some compromise of their
Position. This group, with the help of Senate Bill 3107, will eliminate
apy more discussion - give them the power they want through a monopoly
regardless of the cost of maintaining and enforcing this bill.
This whole conference gives me the feeling that ther is a lot of
^ofessional jealousy out there and our elite group would like
legislation and government monies to help protect their exalted
positions .
This is not good legislation for me or my country or the fossils.
105
Name; Dr. R.A. Boyce M.D. FACS
Affiliation: R J B Rock Shop
III. 1):
°rivate landowners should continue to control their own property as
'luarranteed by the U.S. Constitution. Whatever is found on their
property should be theirs to do with as they see fit.
:v. 1 ) C) :
’’he public is well aware of what is being foisted on them by a small
group of individuals trying to command and control the collection of
’ossils from public lands.
'’hey lie, when people say, there is a shortage of fossils when recently
many different types of specimens have been found. Most of them have
been found by amatuer and commercial collectors. Examples: Mammoth Site
:.n Hot Springs, SD by the Hot Springs Rock Club; Jack Horner’s Dinosaur
egg site by Marion Brandvold, rock shop owner in Bynum, MT ; T. rex by
Peter Larson, a commercial collector.
r’he South Dakota Badlands have been producing fossils at the same
volume for the past 150 years. After every rain storm a new crop
becomes visible proving there is no shortage
r’hree years was spent by the NAS to develope a plan of management and
should have been implemented two years ago but was stymied by this
small group that is trying to create a bureaucracy to command and
control the collection of fossils on public land through the passage of
Senate Bill S3107. The cost of surveillance and monitoring 400 million
acres of public land; 99.9% of fossils will be left to weather away to
enrich the soil. A fossil collected is a fossil preserved to enrich
omeone’s life.
106
Name: Sally v. siipHnn -
Affiliation: Texas Memorial Museum, U. of Texas
TOPIC: CONSERVATION AND PRESERVATION
The term "conservation" has several meanings which are not necessarily contra¬
dictory; in the context of vertebrate fossil resources on public lands, it can
refer to both the protection of the resources in situ and the long-term care
provided to specimens in collections storage (assuming that an exhibit is a
specialized, highly visible form of storage). Both aspects of the term "conservation"
require assessment of the resource and its value, short- and long-term written
plans for management priorities, and effective education of both those responsible
for care of the resource and those for whom the resource is being preserved
and documented.
It has been said that a museum collection is a set of labels backed up by
specimens. While this is a humorous exaggeration, it highlights the very
critical role of information and documentation. Without these, a specimen simply
has no scientific value and is lost to the field. A professional making a
collection for a public-trust institution is obliged to collect as much
information as possible before the fossil ever leaves the ground. Information
that nay not seem important now may become a vital key in future research.
The information associated with a specimen must be protected as thoroughly as
the specimen itself, for it gives the specimen its scientific standing.
Over the past century, analytical techniques have increasingly replaced
subjective observation as a tool for classifying and analyzing the information
contained in fossils. This mirrors the development of advanced techniques in
other natural history collections. Species identification in Recent collections
is no longer based strictly on multivariate morphometries; chromosomal
identification defines the field. The effect, of high concentrations of DDT was
best shown in the painstaking analysis of birds '-egg collections which were
made for other reasons altogether. Predicting the next advance in techniques
is impossible; if the past twenty years are any indication, there is more not
known about fossil vertebrates than known. But a poor choice of techniques in
the field of laboratory, or failure to document those techniques or materials,
nay compromise a specimen's usefulness in the future.
This is why "conservation" in the second definition is a parsimonious approach.
A1 materials and methods used, from the simplest adhesive to tae most complex
imaging, are coming under increased scrutiny. Add any contaminant, and the
fossil's potential for yielding accurate biological molecule traces fades to
black, keep no records, and the source of damage or breakdown may never be known.
Analyze the specimen out of its taphonomic and stratigraphic context, and leave
the realm of good science altogether. In the past, some paleontologists have been
fairly charged with presentng hypotheses masquerading as theories. Only the
specimens and their assocated documentation can show whether a grand idea has
any basis in fact. It is this vital link that conservation--in both senses—
seeks to preserve.
Conservation, like education, is a process, not a state of grace. There is no
point, either in the field or in the collection, at which conservation may be
said to be complete. Conservation is a long-term commitment of resources and
expertise to foil the forces of entropy as long as possible. The ultimate aim
of conservation, from which all other goals derive, is the preservation of the
resource for presnt and future generations.
107
Name: Sally Shelton
p. 2
Affiliation:
ertebrate paleontology suffers far more from the lack of statistically
significant samples than dees invertebrate. Vertebrate specimens may require
particularly great care of significant numbers if specimens in collections
are ever to exist. They, and their surroundings in situ, are nonrenewable
i. e sources wnose scientific value is contingent on the professionalism shown
m their removal and handling.
Vertebrate fossils on public lands are a public trust; public access is not to
be confused with private ownership. The United States led the world in
establishing the concept of public lands. One objective of such lands is to manage
or rfm^iirCe f- a r ' the beneflt of the public. That mandate has not been well understood
or implement m many areas, as witnessed by the furor over competing urivate
in erests vying for the use of renewable resources. The nonrenewabie nature
o- other resources, and the different management entailed, is a relatively
recent distinction. y
!n the interests of the public, the management of vertebrate fossil resources on
public larias must be clearly understood, held to a professional standard of
re in the selection of methods and materials, fully documented, and accessible
traik threT r rrPOnSible menibers of the public. It should be possible to
ac.c the locator, of every collection housing public-land fossils, so that
o.n SamPles niay.be derived. The public does not benefit when good science
no e one because information or specimens intended to be in the public
omain are lost to it. Research, education, and interpretation mean very little
validaHo ° °!K &S 10 Pbe otber organismal sciences) without specimens as both
validation and source of testing. The integrity of the specimens and their full
-orna.ion must be protected by good conservation strategies for the sake of
tomorrow s public as well as today's.
aDproaJhH2!?3511^7^'613"3"6 reSOUrces on Pljblic lands , then, requires a planned
approach, thorough documentation and sampling in situ, careful selection of
network an ,rjia’'G^ials> readY accessibility by responsible entities, and ready
andVdataaVp ki r ^ ^ l0Cati°n and nat«re of other public-lands specimens
when dP 1P0SSlble future values of the specimen should be taken into account
or dest roved 5 tr®atnent; older materials and mounting techniques have damaged
it ® P^esent research value of many specimens. The specimens and their
- ’ : er all» have t0 be managed for the greatest good of the largest
number of citizens. A manager of fossil resources on public lands has great
sponsrbiirty therefore, but also great accountability. Good conservation
practices, standardized, documented, and upheld, enable the responsibility to
r , f - « uuauic U1U
be oest realized and the accountability to be strengthened.
108
Name: Gregory A. T.iagett
Affiliation: Fort Hays State University
Sternberg Memorial Museum
Fossils are the only source of information about past life on
earth. Furthermore, fossils are a non-renewable resource; once
gone they are gone forever. As such, it is imperative to
recognize that fossils are part of the national heritage, and do
not belong to any one person, but to everyone. This includes
fossils on public and private land. However, the regulation on
public and private land should not necessarily be the same.
It is inappropriate for fossils to have a market value in the
same way as gold or oil. Fossils should not represent a monetary
resource that can be "cashed in" like a mineral right. The true
value in a fossil lies in not what it can bring on the open
market, but rather as a clue, or piece of the puzzle in
understanding the history of life. This value is priceless.
Public Awareness and Education
It seemed apparent at the Conference that there are many
different ideas about what constitutes a professional, amateur,
and commercial collector. As a basis for discussion, I offer
these definitions of some commonly ambiguous terms.
Definitions
Museum: For this discussion, any organization that maintains a
permanent fossil collection for research, and is publicly
accessible.
University: Any accredited public or private institution of
higher learning.
Institution: Any university or museum.
Professional Paleontologist : Any individual associated with an
institution, who conducts publishable research on fossils. The
individual does not have to be employed by the institution in
order to be associated with it. When the professional
paleontologist collects fossils, all material is deposited at some
institution.
Amateur: There is a need to distinguish between two types of
amateur: the Scientific Amateur, and the Interested Public.
Scientific Amateur: One who is not associated with any
particular institution, but is interested in the scientific
information that fossils hold. These individuals are often well
informed, and are a great asset to the field of paleontology. Any
valuable fossil find is donated to an institution. Scientific
Amateurs hold the same code of ethics as the professional.
Interested Public: People who place the aesthetic or monetary
aspect of fossils above the scientific value. They enjoy the
beauty of mineralized bone, or a fossil skull, but have limited
appreciation for the academic aspects of paleontology. These
individuals may even have a monetary interest in fossils, as in
selling trinkets made of fossils.
Commercial Collector: One who may or may not appreciate the
academic aspects of paleontology, but whose primary interest in
fossils is monetary gain. The commercial collector is not an
amateur. Although some fossils may be sold to educational
institutions, they are often sold away from public access.
Partnership Opportunities
The rationale for the definitions is that on occasion at the
conference it was implied that professional paleontologists wished
to exclude amateur collectors. However, it is the commercial
collectors, passing themselves off in amateur's clothing,
propagating this rumor. Professional paleontologists recognize
109
Name: Gregory A. T.igge.tt
Affiliation: Fort Hays State University
Sternberg Memorial Museum
the contribution amateurs make to the field, and this partnership
should be encouraged and enriched.
Likewise, public education should be a major goal of the
paleontological community, for the research that we conduct is on
public specimens, and all researchers are accountable to the
public for the knowledge gained from public material.
Private Landowner Rights
All fossils should be considered public domain, regardless of
where those fossils are found. A private landowner has a right to
have his land respected; however the public's right to have access
to a fossil is greater than the individual's right to reap a
monetary gain from it. To illustrate, if there is an endangered
species of bird sitting on my property, I do not have the right to
shoot it, because the public's right to protect the animal is
greater than my personal right to do as I wish on my land.
Similarly, an individual should not be allowed to dispose of a
fossil on his land, without consideration given to the value of
that fossil to the public. Perhaps some sort of compensation for
the fossils on private land could be made available in the form of
a tax credit.
Public Land Management
Senate Bill 3107
The Baucus Bill, or the Vertebrate Paleontological Resources
Protection Act, is a very reasonable bill. However, I would like
to see stronger statements about fossils on private land. Also,
the bill seems to promote regional repositories (discussed below) .
Permitting and Enforcement
Some sort of permit should be necessary to collect on public
land. The permitting process should not be lengthy, but a good
record of who, where, and what was collected should be on record.
This will ensure that land managers will be aware of the resources
they oversee. All material collected on public land should remain
accessible to the public in an institution.
Conservation and Preservation
Scientific Documentation: It is true that there are not enough
professional or scientific amateur collectors to collect all the
material weathering out. This is an argument for increasing the
number of professional and scientific amateur collectors, not for
allowing indiscriminate collection of fossils by the interested
public or commercial collectors. If the material is collected and
the pertinent information not recorded or lost through
transactions, the material is as useless as if it had weathered
away to dust.
Regional Repositories
Keeping fossils in the area in which they were collected could
inhibit researchers from other geographic areas from collecting
those specimens. Historically, researchers builds a collection of
specimens related to their individual research interest, and this
would be impossible if the researchers live outside the area the
specimens come from. I do not favor regional repositories.
no
Name: Helen Ross _
Affiliation: Fox Hills Fossils, Timber Lake, SD 5 7 b 5 b
I am a part time commercial fossil collector and feel that my efforts to locate and
preserve fossils benefit Public Awareness and Education, Science Research, Economic
Development and Conservation and Preservation. The current policy of not allowing
any amateur or commercial collection of fossils on public lands is of great concern to me.
PUBLIC AWARENESS AND EDUCATION
Karl Waage, Yale University, the world’s foremost authority on ammonites, taught
me a great deal about them. Through the years he would visit me with some of his
students and go through my collection. I gladly gave him any fossils he felt had scientific
value. Sometimes he would write me with detailed information asking me to collect
fossils he needed.
The Timber Lake and Area Historical Society established a free, not-for-profit mu¬
seum in 1988. One of the main displays are fossils I had collected from this area over
many years. Dr. Waage advised us on how to label and display them in a scientific way.
It gave me great pleasure to make this donation.
The museum has become a teaching resource for the rural and town schools in the
area. Teachers bring classes to the museum. I talk about each specimen and there are
also hands-on displays. The first time a class visits I give them a box of fossils to take
back to their school room. I’ve also put together a kit that can be checked out by teachers
for further classroom study. We take kids on field trips showing them where and how
to collect.
ECONOMIC DEVELOPMENT
This is not a wealthy community and neither am I. I’m almost 80 — can’t get a job
and the only way I can afford to continue to collect is to buy and sell ammonites.
The museum brings tourists and people from surrounding areas into Timber Lake
and that added traffic helps business. I also hire a person to help me find, collect and
prepare fossils.
CONSERVATION AND PRESERVATION
We are not geologists. As taxpayers we should be entitled to help from the Geologi¬
cal Survey and other government resources that can help us. For example, if we are able
to pinpoint the location of a fossil find perhaps they could give us the geological data
needed for recording in a scientific manner.
Dinosaurs lived for millions of years. They are not exactly a “non-renewable” re¬
source as an archaeological dig would be.
As fossils on public and private land weather out, they need to be recovered before
they deteriorate and are of no benefit to anyone, neither education, science research,
economic development or collectors.
Museum personnel, true amateurs, “your amateurs — affiliated with your deposito¬
ries,” commercial people and federal land employees should all be focused on collecting
and preserving these bones as they are exposed.
ill
Names Marilyn Dahm
Affiliation t SDSMT _
I thought the conference was good and brought to light
many issues that need to be discussed.
Public Awareness:
It is my opinion that the public is not aware of
the value to be derived from the study of paleontology.
Legislators should be concerned about adequate funding
of public institutions and universities which are the
center of of leadership in this field.
Economic Development: Fossils found on public land should
belong to the public and not be exploited.
Private Land Ownership:
The Dakotas have no conservation easements even
though 26 other states do. The landowner bears a
disproportionate burden in preserving fossils and
other special areas.
112
Name:
Dr. Robert J. Emry
National Museum of Natural History,
Affiliation: Smithsonian Institution
Under the issue category PUBLIC AWARENESS AND EDUCATION:
I think there is a very direct relationship between public
education and the preservation of important scientific
resources. The general public now has very little
understanding of what constitutes vertebrate paleontological
research, and how fossils and the associated data are actually
utilized. In this "general public" I would include most
amateurs. Even many of the really knowledgeable amateurs who
are technically capable of collecting, preparing and
identifying fossil specimens, don't really understand what
research scientists actually do, their data requirements,
procedures, mechanics, - how fossils are really used in
research. One often hear amateurs (and even commercial
collectors, but for different motives), make statements such
as "it doesn't do any good to donate fossil specimens to
museums, because they are just stored away [for some reason
often said to be in the museum basement] and are never seen
again." Effective public education might stress the point
that specimens in museum research collections are analogous to
books in a library. Most books in most libraries are not used
most of the time, but would anyone argue that libraries don't
deserve more books because they are not using all the ones
they have? A fossil specimen donated to a museum may indeed
not be exhibited right away or studied by a researcher in that
museum, but the specimen will be there, available at any time
in the future to any researcher, from any institution, who
happens to be doing research on which that specimen has some
bearing .
All of the items under Public Education on the list of
agenda topics (outreach, field opportunities, volunteerism) ,
and undoubtedly others, are very important to pursue. I've
often said that for research paleontologists, one of the
great, largely untapped vertebrate paleontological resources
is the large corps of amateurs who devote their energy,
time, and often their own financial resources, to fossils as a
pastime rather than as a profession. I'm sure that many would
be thrilled to have a real opportunity to contribute their
time and talents to an institutional, research oriented
program. Many already do so, of course, and it is unfortunate
that many institutions are so strapped financially these days
that they lack even the limited funds required to provide
supplies and facilities to take advantage of the generosity of
those with the volunteer spirit.
113
Name: Dr* RolDert J* Emry
National Museum of Natural History,
Affiliation: Smithsonian Institution
Under the issue category PUBLIC LAND MANAGEMENT
As I mentioned in discussion during the first day of this
conference, I believe that for collecting fossil vertebrate
material on publicly owned lands, it should not be difficult
to establish reasonable rules that would be accepted and
followed by reasonable people. But we must also acknowledge
that it is probably not possible to establish rules that
everyone will respect and follow; every issue seem to have
someone occupying the extreme positions at both ends.
Those who argue that anyone should be able to collect
vertebrate fossils on public land at any time with no
restrictions, are, in my opinion, taking an unreasonbable
position. Vertebrate fossils, like any other publicly owned
scientific or commercial resource, should be managed in the
best interest of the public. The present rules are so
confusing and conflicting that I see an advantage in having
new legislation and regulations that would supercede all other
rules for managing this resource. I think Senate Bill 3107 is
close to what is needed, but I object to some of the
provisions in the present version.
I don’t believe that commercial firms should be absolutely
prohibited from collecting on public lands. I do believe that
the conditions under which this might be allowed should be
fairly restrictive and clearly and rigorously defined.
Perhaps the most important consideration should be the
eventual disposition of any material collected. I believe
that material collected on public lands should remain in the
public domain. I can envision a scenario, for example, in
which a public museum may contract with a commercial firm to
provide an exhibitable skeleton of a certain kind of animal; I
would not find it objectionable to permit the commercial firm
to obtain a specimen from public land, as long as the permit
requires that the material go only to a public institution.
Alternatively, a permit might be issued to the public
institution, and then that institution could make arrangements
with a commercial firm to actually collect and prepare the
material that the public institution needs. I would not favor
allowing commercial collectors to collect from public lands
for their own inventories, for sale to the general market.
114
GENERAL STATEMENT BY THE
WESTERN INTERIOR PALEONTOLOGICAL SOCIETY
The Western Interior Paleontological Society (WIPS) has been
involved with the problems of paleontological resources on public
lands since its founding in 1985. WIPS membership is open to the
avocational, amateur and professional communities that are
willing to follow the Code of Ethics and believe in the Statement
of Purposes. WIPS does not represent the interests of commercial
dealers, nor is represented by their organizations.
WIPS does represent one unified concept regarding public lands
and that is that responsible individuals should have free and
open access to public lands in pursuit of their various interests
in the paleontological resources as law allows. WIPS feels that
a “responsible individual" will at all times be primarily
concerned with the protection of the scientific value of the
paleontological resources and the conservation of public lands in
general .
WIPS also believes that public land managers should encourage all
responsible individuals to enjoy public lands, not only on
ethical grounds, but as a realistic means to protect valuable
resources. No group of people is more distressed by vandalism
and destructive profiteering than those individuals who give of
their own time, energy and financial resources to enjoy these
public lands.
WIPS greatly respects the open discussion among many diverse and
interested groups regarding an intelligent and ethically
responsible policy toward paleontological resources on public
lands. WIPS strongly endorses an open dialogue between the
avocational, amateur, professional and commercial interests in
paleontology. WIPS feels that this can be both a friendly and
mutually beneficial discussion. In recent years, the
professional community has often acknowledged the contributions
of the amateurs. The amateur community has always relied on the
professional for guidance and they recognize the value of
curation, documentation and publication to secure the value of
paleontological resources for the science. The avocational
collector has always been the traditional nursery of interest
that often fosters an informed public and the ground from which
most future amateurs and professionals spring. The commercial
collector has had a valuable place in the history of paleontology
and it is hoped that they can find a responsible role in the
future.
115
WIPS feels very strongly that public land managers should support
and encourage individuals to use these lands in a responsible
manner. Draconian legal penalties which are not carefully
directed toward those few who vandalize and illegally profiteer
off the public lands, will discourage the vast majority of good
and honest people who are the most valuable resource for
protection on these lands.
In conclusion, WIPS would like to make a few points that have
been developed from experience:
1) Education is the real key to responsible use of public
lands. Most importantly is the proper training of the amateur to
protect the scientific value of the paleontological resources.
2) Land managers need to develop an unde r st and i ng of the
particular qualities of paleontological resources and not equate
them with other resources.
3) The professional community needs to understand that the
amateur community offers a valuable resource, not only as
"helpers" but as a realistic means to protect and preserve these
resources .
WIPS feels strongly that only mutual understanding and open
communication among ALL interested parties will result in a
successful policy regarding paleontological resources on public
lands. Further, WIPS would like to thank those members of the
professional community and the land managers who have offered so
much of their time and understanding, demonstrating that mutual
cooperation will benefit all groups and individuals who are truly
interested in paleontology.
Douglas Nelson
WIPS
116
Name: Brad Ross
Affiliation: Fox Hills Fossils
I) Public Awareness and Education - To increase public awareness and education there is a great
need to allow amateur fossil collectors to hunt unencumbered, and provide reasonable regulations for
commercial collectors to hunt fossils on public lands. Only by having fossils available for the public
to examine and learn from will they become aware of the wonders of paleontology. For many people
the best way to learn and share information about fossils is to have ownership by finding them or
purchasing them. Public lands are the only areas available for many amateur collectors to hunt for
fossils in their pursuit for knowledge. Public lands also contain tremendous resources of common
fossils (examples are fossil fish, ammonites, and trilobites) that should be collected and made
available for purchase to the general public as well as institutions.
II) Economic Development - There are several methods to derive economic benefits from our
nations great fossil resources, including tourism and the sale of the fossils themselves. The tourism
business would benefit if more museums with greater displays could be built. Instead of putting the
financial burden for these museums on the taxpayer, the additional revenues needed could be
generated by selling the more abundant fossils (not every type of fossil is abundant but many are). In
addition, even more display specimens for museums could be purchased from responsible fossil
collectors (to find responsible fossil dealers, check with the American Association of Paleontological
Suppliers). It has been demonstrated many times that the private sector is more efficient and cost
effective in business affairs than the government or institutions. The locating and preparation of
fossils is no exception. This has been demonstrated in the recent past by the success of commercial
companies in finding very significant fossils. They are good at locating fossils because the do it for
survival. In a time that the world is going to the free enterprise system we should not try to eliminate
it in the area of fossil collecting.
The sale of fossils to private individuals is also important to economic development. With
greater sales from the commercial sector there are more jobs for discovering and preparing fossils.
In economic times like we are currently in, 1 do not understand why anyone would want to eliminate
or severely curb a portion of the free enterprise system. It also appears that many people don't
understand that fossils provide an opportunity to decrease the trade deficit with Japan and Germany
as well as increase scientific knowledge.
It should also be noted that most fossils are found on relatively barren land because erosion is
needed to uncover the fossils (that is why so many fossils could be found on public land). Many of
the land owners have a difficult time making a living on this land. Commercial collectors can help
provide an income to these land owners. Most of these land owners need this income from fossils to
help put food on the table more than they need a tax credit.
Public Land Management - It is apparent to me that some people would forsake a document
agreed to by a cross-section of groups (science, education, government, and industry ), in the form of
the NAS Recommendations for a law (Senate Bill 3107) that would benefit a small group of people.
The NAS team understood the need for promoting the search for fossils by all parties as being the
only method to truly preserve that resource.
I believe that fossils are much like many of the government's other resources that need to be
managed for the benefit of all the people. After all, do we not have parks and wilderness areas so all
private citizens can enjoy the scenic beauty of nature? Should not then all citizens be able to enjoy the
experience of looking for fossils? Are there not laws and regulations in effect that allow for the
mining of minerals and coal, the drilling of oil, and the grazing of land? It seems odd that the
government not only allows, but encourages the development of these resources tor the benefit of
large corporations, but balks when a small commercial fossil companies would like to develop public
resources. This isespecially true when considering that oil, coal, and minerals are non-renewable
117
Name: Brad Ross
Affiliation: Fox Hills FossOs
resources that will retain their value by being left in the ground but fossils are erodible and must be
collected when exposed or lost forever. In that regard it should be unacceptable for public land
managers not to encourage and promote the collecting of fossils on public lands by as many
knowledgeable people as possible.
This does not mean that there should be no regulations pertaining to commercial collecting of
fossils on public lands. Rules are needed to make sure that it is done by knowledgeable and
responsible people so information is saved for science. I believe if all parties were given a chance to
have an equal voice in the framing of laws and regulations that reasonable controls could be
developed.
Conservation and Preservation - The single most important reason that land managers (public or
private) need to promote fossil collecting is that fossils are an erodible resource. By erodible
resource I mean that fossils are continually being uncovered by the actions of weather and if they are
left uncollected they will be destroyed by nature. The only method to truly conserve or preserve
fossils is to collect and prepare them. That is why it is so important that land managers promote the
responsible collection of fossils by all groups and not try to limit collecting to a small group that could
not possibly (physically or economically) cover all the areas that need attention. 'Hie Federal
Government controls literally millions of acres of fossiliferous land. Unfortunately, significant and
common fossils are being washed down the river from this land on a daily basis. There is nothing so
disappointing to a person who loves fossils than to see the remains of a once great fossil that has been
ruined by weather. That fossil and countless others have been lost to science, education, and
economic development because there are not enough public resources to find them. It is obvious to
field collectors that the more knowledgeable people you have looking for fossils the more fossils will
be found and preserved. The commercial and amateur collectors already provide great resources for
helping the scientific and education communities locate and prepare fossils. This is shown by the
number of important discoveries made by amateurs that look for fossils and commercial collectors
that have a proven record of being able to locate and prepare fossils using accurate and efficient
methods.
If all the energy that has been put towards eliminating commercial collectors and limiting
amateur collectors was channeled into building communications between all collectors for an
exchange of information, all citizens would benefit. The commercial and amateur collectors already
work towards this as they donate rare specimens to institutions, give talks to school children, join
organizations to share information, and write articles for publications. By building on the one thing all
parties have in common: the love of fossils, we can indeed insure there will be "Fossils For The
Future".
The "Fossils for the Future" Conference - I was very disappointed that the organizers of the
conference were so biased against commercial collectors and did not fairly represent the amateur
collecting community. This was obvious by the selection of the speakers on the first day, four of
which were very anti -commercial and an amateur collector that did not belong to any of the many
large amateur organizations. This compared to one commercial collector that had twenty minutes in a
panel group. It appeared that the intent of the conference was not to help preserve fossils for the
future but to eliminate commercial collecting of fossils. This is one of the few times that someone
tried to make me feel that capitalism is bad (that the only thing business is interested is money and
profit) and the private sector and general public can not be trusted. It is sad to think that a part of my
government would have such beliefs or so little understanding of the free enterprise system.
118
Name : Norman B. Smyers
Affiliation: Custer National Forest
Agenda Topic: IV. Public Land Management
I would like to comment on two aspects of the meeting and Agenda Topic IV,
Senate Bill 3107 and commercial collecting on Federal lands. My thoughts and
comments are a result of the discussions I had with individuals from the
private sector, the Federal government, and the various state agencies
represented at the Conference.
Overall I think that Senate Bill 3107 is a step in the right direction. What
we saw at the Conference was the Bill as introduced. Absent the normally
changes and modifications introduced by committee, it was a remarkably well
written piece of legislation. Nonetheless, I believe the following areas need
further consideration:
1. Section 4 Definitions, (3) Paleontological Resource. This section
references the scope of the regulations. It may well be that that scope is
too limited? While expanding it to more than vertebrate fossil resources
may place the passage of the Bill in danger, not to do so may leave, for a
long time into the future, an uncertain void.
That void is how to administer other fossil resources, botanical and
invertebrate animals, that likewise might need protection? Very often the
volume and occurrence of invertebrates and many botanical assemblages does
not demand unusual protective measures. However, there are situations
where the resource is unique/rare, is limited geographic extent, and/or in
danger of being depleted or destroyed and, therefore, needs some
protection .
This protection could be provided by introduction and passage of another
bill. But now seems to be the time to take care of this need and, in some
way, include that protection in S. 3107.
2. Section 7, Custody of Resources, (a) In General, (1) Disposition,
(B). In my opinion, one of the main objectives of management should be to
encourage research. A provision to require any paleontological resources
collected to "...remain in the vicinity of the site from which the resource
was removed." may well serve to defeat this objective. Museums and
academic institutions will have little incentive to invest time and money
in collecting and research in areas far from their "home" environment if
they can not display the results of that collecting and research. For
instances, what would be the motivation for the University of California to
collect in Wyoming if what they found could not leave Wyoming and be
displayed in California? This would not be of concern if the state of
Wyoming had a number of institutions that could conduct the volume of
collecting and research that the available resources provide, but it does
not. As a result, much valuable research would not occur under this
provision of S. 3107. While well intentioned, I think this provision needs
119
to be reconsidered or modified to provide for removal and for access by the
"geographic" locality from which the materials were derived.
2. Section 7, Custody of Resources, (a) In General, (3) Exchange. This
provision is inconsistent with the provisions of Section 2- (11) (page 3)
and Section 4- (2) (page 6). If the various federal agencies are to be
responsible for resources occurring on lands under their respective
jurisdiction should it not be they who are to "...provide for exchange..."
of resources between institutions rather than the Secretary of the
Interior?
3. Section 8, Prohibited Acts and Criminal Penalties. I would suggest the
insertion of the word "knowingly" in (b) and (c) so as to read:
"(b) Wrongful Trafficking Under Federal Law. -No person may knowingly
sell, purchase, exchange..."; and
"(c) Wrongful Trafficking Under State or Local Law. -No person may
knowingly, sell, purchase, exchange..."
Finally, the issue of commercial collecting on Federal lands. At the onset of
the meeting I will have to admit that I was skeptical as to whether or not
commercial collecting of vertebrate fossil resources could, in any fashion, be
allowed on Federal lands without compromising the scientific integrity of those
resources. However, after listening to the formal discussions and after many
informal discussions I would like to offer the following as a compromise. I do
recognize that what I am about to offer here will not go far enough for some,
the commercial collector, and too far for others, state and federal
administrators and concerned "scientists." It will require all interested
parties to confer on species to be collected and collection/curation
approaches .
First, the interested parties would have to review the fossil resources and
determine which could be available to commercial collectors. For instance, in
North and South Dakota, because of their "relative" abundance, certain species
of oreodonts . The methods of collecting and data to be kept would have to be
no less than that required of academic institutions. To counter the concern
that fossil resources once sold would pass from the "public domain" for future
research casts/copies of the resources could be required and placed in a
designated repository. I do recognize the rarity of some species, i.e. T. rex ,
would never allow them to be available to commercial collectors. Nonetheless,
what I'm proposing will give the commercial collector some access to resources
on federal lands .
120
Name: Jennifer Wicklund _
Affiliation: Potomac Museum Group
PUBLIC AWARENESS AND EDUCATION
As part of my summer internship with Potomac Museum Group,
a non-profit organization dedicated to fossil preservation and
public education, I was a participant in the Northern Plains
Governors' Conference. Being an undergraduate student in
geology /paleontology at Macalester College in St. Paul, Minnesota,
I was in a curious position at the conference. Listening to
the speaker presentations on Tuesday, August 25, I realized that
in a way I was a representative for both "aides" (after all,
that is what the two opposing viewpoints became, is it not?).
After all, I was a participant representing a private fossil
business but also an "academic" with visions of graduate and
professional study in paleontology.
It seems that the descriptions "academic" and "amateur
or business collector" are not allowed to mutually coexist.
However, in order for the controversies to be resolved, the
"us/them" perspective must be dispelled. Government employees
and those holding a PhD in paleontology are not the only indiv¬
iduals with knowledge of paleontological issues. Amateur col¬
lectors have made significant scientific contributions to the
study of paleontology. Amateurs are also very open to and freq¬
uently more accessible for the educating of the average person
and child, promoting interest in the science. Usually, amateurs
are not in their field for the profit. Selling fossils does not
bring in a large cash flow, as seemed to be the mistaken
concept at the conference. It is most often done for the sheer
love of the science and education.
There appeared to be many preconceived notions about amateur
collectors and fossil-sellers that could not be properly addressed
because of the tragic circumstances that cancelled the conference.
In the opinion of many, the descriptions and stereotypes of the
amateur collector made by such academics as Jason Lillegraven
were slanderous. And because of the circumstances of the con¬
ference, only the academics and government employees had the
opportunity to present their opinions. As a result, partic¬
ipants left the conference with skewed and frequently incorrect
knowledge .
The Governors' Conference was not a conference at all. What
conferring was done? What resolutions were mutually agreed upon?
It seems to me that the Conference was more a symposium for
academic propaganda than a true open forum.
And why give it the facade of a Governors' Conference when
only one Governor out of six was present, and at that, only
present for a twenty minute welcoming speech? Participants
were to be appeased with the fact that the Governors each were
121
Name: Jennifer Wicklund _
Affiliation: Potomac Museum Group
represented by unbiased delegates, when in reality the
Montana representative, Pat Leiggi, and the Wyoming repre¬
sentative, Brent Breithaupt, were both speaking from the
perspective of the academics.
Obviously the issues at stake have yet to be resolved.
Hopefully, future meetings will allow these controversies to
be dealt with in a more open way so that all participants
will be able to communicate and respond to contrasting views.
It is not only the academics and government institutions that
have the sound right to fossils. The knowledge and experience
of amateurs is valid, and what they may "lack" in academic
credentials they possess in their sense of purpose and enthu¬
siasm. Let us not let something as paramount as the future
handling of the earth's fossils come down to a case of
"supreme credentials". We are all more intelligent than that.
122
Name: Wade E. Miller _
Affiliation: Earth Science Museum
PUBLIC AWARENESS AND EDUCATION
There is no question that the public need to be
enlightened on the value of fossils and that they are a
nonrenewable resource. They (the public) need to know the
role fossils serve in understanding our earth, the changes it
has undergone and yet may undergo. To understand today's
environmental problems, that affect all of us, we must
understand how and why environments have changed through time.
Fossils are critical to this understanding. And this can only
come about when they are properly collected and studied.
Everyone with an interest in fossils; people, institutions and
agencies, public and private, must cooperate and develop
programs to teach the uniformed. There needs to be a
coordinating effort between the various entities to make this
effective. An informed and motivated federal government
agency needs to take the lead on this. Most fossils in public
and private institutions come from government lands.
ECONOMIC DEVELOPMENT
Important fossils, as determined by prof essio.nal
paleontologists, should not be sold. Information they can
provide would usually be lost with their sale. Since
important fossils collected years ago are often restudied in
light of new knowledge and technologies, it would be a serious
error to sanction their sale after an initial scientific
description. They need to be housed in a responsible
institution (e.g., museum, university, etc.). More could be
done to encourage the sale of casts rather than actual
specimens. Any commercialism of vertebrate fossils should be
done such that original specimens are always available for
scientific study, including in-place exhibits. Commercial
collecting of fossil vertebrates should always be done under
the direction of a professional paleontologist representing an
acknowledged institution, with collected material going to
schools or other institutions where the fossils would be used
for educational and/or research purposes. Important
vertebrate fossils should never go to people or entities where
they would be removed from the purview of science.
PUBLIC LAND MANAGEMENT
Adequate legislation and regulations must be developed
for the protection of vertebrate fossils on all public lands.
They are a national heritage of inestimable value. Many third
world countries provide more protection for their fossils than
does the United States for theirs!
Historically, going back to the 1906 Federal "Act for the
123
Name: Wade E. Miller
Affiliation: Earth Science Museum
Preservation of American Antiquities", fossils have been
closely associated with archaeology, usually as a lesser
appendage. Various acts and other legislation since 1906 have
not done a great deal to clarify the situation. Paleontology,
with its major data source, fossils, clearly needs separate
regulations and considerations. The proposed senate bill 3107
provides a much needed and long overdue legislation to address
this matter. While the presently drafted bill needs some
revision, it is basically sound, and with minor revisions
should be adopted as soon as possible.
Surveillance and monitoring of paleontologically
sensitive areas should be made. This in large measure could
be done by joint efforts of institutions employing
professional paleontologists and the various governmental land
agencies. More money will need to be appropriated for this.
Baseline data will need to be obtained and shared by the
various entities. Presently an alarming number of important
fossil sites are being illegally collected with the result
that many important fossils are being lost to science.
CONSERVATION AND PRESERVATION
Any institution wishing to be recognized as an accredited
repository for vertebrate fossils must maintain adequate care
of same. If federal agencies give such recognition it should
be based on the past record of that institution and how they
are regarded by the professional paleontological community.
If an institution wishes to begin a paleontological program
and become an accredited repository, it might best serve
science to have the Society of Vertebrate Paleontology,
through its Executive Committee, determine the acceptance or
rejection in concert with the lead government agency.
124
Name:
David Phelps
Affiliation: We stern Dakota Gem & Mineral
Society
First, I must identify myself. I am neither a commercial nor an
amateur paleontologist. I am an amateur geologist. A rockhound,
if you will.
I would enjoy sharing my comments and ideas on all five topics,
but because of space limitations and because my discussion group
was to be Public Land Management, I will limit my comments and
ideas to this one topic. Since little discussion took place at
the conference, I will use the speaker presentations, conference
materials, S3107* the NAS Study and other documents as a basis.
IA) Legislation and Regulations -- Existing and Proposed
In reviewing the existing laws cited for managing paleontological
resources on public land, I find a certain vagueness. The intent
and spirit of the main body of law is directed toward anthropology,
or more specifically, the sub-discipline of archeology. When
paleontological resources are mentioned, the application is limited
to either a very specific type of public land, such as National
Natural Landmarks, or to a very specific group, such as "all federal
contractors" or "removing any paleontological resource for commer¬
cial purposes without a special use authorization. " It is clear
that it is not only this vagueness, but also commercial collecting
which are at the heart of the controversy over fossil resources.
I believe this assertion is best summed up in the introduction ti
Appendix R of the NAS report. It is also quite clear that Federal
Land Management agencies need a framework designed specifically
to manage fossil resources. With such needs, I have to question
the reasons why the Paleontological Resources Conservation Act
(SI569) introduced in 1983 died in committee.
IB) NAS Recommendations -- The NAS report was found to be
extensive and complete. It is well balanced and took everyone,
including the S.V.P., into account. While it is five years old,
such a comprehensive document is timeless and would serve well as
a framework for land managers. It would also best serve the
sciences involved. While it does not satisfy everyone, it does
satisfy the majority of scientists and the public. It is an
excellent unbiased consensus report. I highly recommend its
implementation.
IC) Senate Bill 3107 -- I regret that I have many problems
with this Bill. It is very poorly written and ill-considered. For
instance, under Sec. 4. Definitions, an amateur must be "affiliated
with a suitable institution. " How is this to be interpreted? If
I were affiliated, I would not be an amateur. Does this mean if I
am a secretary at a museum or school of geology, I can dig fossils?
This Bill would create instances of extreme hardship on inno¬
cent people. If I were to move my rock collection (which contains
a fossil) to a new residence, and used an interstate highway, I
could be arrested and prosecuted under Sec. 8. Prohibited Acts,
(b) Wrongful Trafficking, unless I could prove where I obtained
my specimen.
I do not see the validity of all fossil resources obtained
from public land remaining the property of the government. One
of the main motivations for collecting anything is keeping what
you find.
125
Name: _ David Phelps _
Affiliation: western Dakota Gem & Mineral
Society
Under Sec. 7. Custody, I do not agree with keeping fossils in
the "vicinity of the site from which the resource was removed."
This would impede research capabilities. These are but a few ex¬
amples of a law which if enacted would be too restrictive, contains
too such red tape and would be too expensive. S3107 would be a
severe setback to paleontology and related sciences. The remedy
is worse than the disease.
2) Permitting and Enforcement -- At the conference I heard
the statement that fossils are a "finite" resource. There are no
geological resources that are not finite. From this perspective,
I would suggest that there are mechanisms in place which, with
some modification, could be used for commercial collecting.
I do not understand the loathing I observed toward commercial
collectors. The ones I met at the conference are in the scientific
community and have contributed a great deal to paleontology. Me
saw and heard of instances of vandalism, but, I am sure no one at
the conference would condone such behavior. It is a mistake to
lump one segment of the scientific community in with vandals.
Scientific commercial collectors are valuable to paleontology and
should not be punished, and their contributions lost, for paying
their own way.
A) Surveillance and Monitoring -- Again, I must point out
the potential value scientific commercials could be to land managers.
y\/ i th appropriate permits and oversite, when allowed to collect they
would be frequently in the field and could serve as monitors of
sensitive areas, reporting back to land managers. This would be at
no cost to the taxpayer. If a fee were collected for permits, or
even for specimens removed, this would provide funding for land
management programs .
L) Closure/ Open Areas -- In view of the fact that a fossil,
once exposed, is lost to science for all time by erosion, I feel
all fossils should be collected. Perhaps some areas should be set
aside for the exclusive use of museums and colleges to obtain
specimens for their collections. This might add to educational
opportunity, but it probably would not save the institutions any
money. A fossil in and of itself is not valuable monitarily.
jtfhat makes a specimen like "Big Al" worth half a million dollars
are the thousands of hours it takes not only to collect, but to
prepare. A commercial collector could probably do it for less.
3) Funding -- The National Paleontological Data Base is
housed within the US Geological Survey. As per the MGU between
USGS and land management agencies on "Management of Fossils on
Public Land," this information is available to managing agencies.
Therefore, it would seem a redundant exercise for management
agencies to gather and manage Baseline Data.
A & B) Gathering and Management Costs — This approach would
create a huge new layer of bureaucracy with all its inefficiency.
In view of Federal budgetary problems, Government is rightly look¬
ing for ways to cut spending and waste. Besides, current scientific
method achieves data gathering and management.
C) Law Enforcement Costs -- This could be kept to a minimum
by working with scientific commercial collectors and legitimate
amateurs. Deploy these people. There will be thousands more eyes
watching for vandals and poachers than there are currently, or
under 33107*
126
Name: _ John T. Alf, Dixie Lee Alf
Affiliation: Rocky Mountain Federation
1. Nothing at all should be published regarding proceedings of the aborted
conference. The format of the conference gave no opportunity on the
first day to offer any rebuttal to the almost totally biased
presentations on that day; then, the untimely cancellation of the
conference, of course, completely precluded any such subsequent
opportunity. Under these circumstances it would be improper to publish
the formal presentations and rely on what written comments you may or may
not receive to make known the views of the other side. In the opinions
of two representatives of the amateur community, we strongly oppose any
such publication.
2. It was only after vigorous protest that anyone at all representing the
amateur was placed on the agenda, and it appears that the person chosen
was picked simply to calm such protest rather than to provide real
representation for the amateur. Mr. Wade Winters, who has no affiliation
with any amateur society, was a person we had never heard of before, and
no amateur we talked with before, during or after the conference had ever
heard of him. Not surprisingly then, he devoted most of his speech to
telling about the bad things some amateurs do in their collecting
activities. The American Federation of Mineralogical Societies has a
membership of over 50,000 people, and if the organizers of the conference
had been sincerely interested in obtaining a legitimate representative
for the amateur, they could easily have chosen someone from this pool.
3. The only concession given the amateur that we could discern was that if
he were properly trained and properly affiliated, he could perform a
valuable scientific service. The activity which historically represents
the most usual way amateurs pursue their hobby, casual surface collecting
or collection with minimal surface disturbance, was not mentioned as
being legitimate. This is a legitimate activity, however, and it is
nonsense to contend that, for example, every lump of dinosaur bone,
particularly that which has no recognizable anatomical configuration, is
scientifically valuable. In truth, these unrecognizable lumps are,
indeed, quite valuable, but for purposes other than scientific. They are
important to the lapidary hobbyist because of their aesthetic value — good
reason to allow persons other than just scientists to collect fossils.
Implementation of the draft regulations prepared by the Bureau of Land
Management following our Negotiated Rulemaking sessions of 1989 and 1990
would serve both interests, permitting casual collecting to continue,
while at the same time protecting valuable scientific resources.
4. Most of the speakers premised their views on the need to protect fossils
because of their scientific value. When anything other than scientific
value was referred to, it was in disparaging terms, such as how bad it
was that someone not a scientist would choose to display a fossil on his
mantelpiece. Fossils are a national resource, belonging to all the
people of the United States, not just the scientists, and other people
also have a right to use them. The most effective way to serve both of
these legitimate interests is to allow commercial collecting on a
controlled basis that will insure that scientifically significant
specimens go to the scientists, while allowing other, non-rare, specimens
to flow into commercial marketing channels. Again, this can easily be
achieved by implementation of the BLM draft regulations.
127
Name:
Affiliation: _
5. Several speakers made the point that persons other than professionals
should, when they discover a fossil weathering out, leave it in place and
notify someone, either land manager or professional, of the find. The
futility of this admonishment is well known to most amateurs, who have
had experiences, or have heard of others having experiences, where such
information has been given to the scientific community, only to have it
ignored. Since the discoverers were not allowed to excavate, the result
has simply been destruction of valuable scientific, commercial or
hobbyist resources. Without expenditure of a great deal of taxpayers'
money or scientific institution money, both of which are in short supply,
this situation will not improve. A possible solution would be to utilize
a permitting system such as that proposed in the BLM draft regulations
and allow commercial people to evaluate such sites, with right to collect
if the material is not scientifically valuable.
6. The value of the report. Paleontological Collecting, prepared by the
National Academy of Sciences, was called into question by several
speakers, sometimes in unrestrained terms. It should be noted that this
report was prepared by a group of distinguished scientists and others,
who exhaustively considered all aspects of the issue of fossil
collection. To downgrade this work is reprehensible. What is needed now
is a sincere effort to build on the work that has already been done, not
just summarily to discard it and start anew. It also should be noted
that a majority of the members of the Society of Vertebrate Paleontology
supported the recommendations contained in the NAS report upon its
release, but it is the Executive Committee of that organization that now
opposes those recommendations.
7. We heard many expressions of praise for the proposed bill, S-3107, The
Vertebrate Paleontological Resources Protection Act . This bill goes to
significant lengths to extol the virtues of the amateur collector but
then proceeds to define "amateur" in such manner that about 98% of all
amateur hobbyists couldn't qualify. It is also excessively heavy-handed
in the severity and manner of imposition of the penalties it would levy
for infractions, and its provision that all collected paleontological
material would remain the property of the Government is unacceptable to
the amateur. Amateurs did not have any opportunity at the conference to
express opposition to the bill, and we no w are using this occasion to
voice such opposition.
8. It is unfortunate that the issue of fossil collection has degenerated
into an "us" versus "them" situation; however, the way the conference was
developed, from its early planning stages through to its final form, only
served to polarize the parties further. The bias of most of the listed
speakers has previously been mentioned. Additionally, Government and
institutional participants had their expenses paid for them, but not only
did the amateurs have to pay for their own travel and lodging expenses,
but they bore the added burden of having to pay a $50.00 entrance fee.
One can only conclude that the organizers wished to minimize as much as
possible any expressions of contrary points of view.
9. The opinions expressed herein are those of the President elect of the
Rocky Mountain Federation of Mineralogical Societies and the Chairman of
its Public Lands Advisory Committee.
128
Jim Nelson
Timber Lake and Area Historical Society
REPORT
History
In South Dakota there has been almost no cooperation between the state’s only
institution of higher learning which offers classes in paleontology and the museums
of the state or for that matter with the amateur or commercial fossil hunters in the
state. The paleontologists who teach at the School of Mines and Technology have
demonstrated little interest in reaching out to smaller museums within the state
which have fossil collections. I have also heard of several instances where their lack
of response has resulted in vertebrate fossils or potentially important fossil sites being
turned over to commercial collectors. An attitude has existed which has alienated
land owners and responsible amateur collectors.
The Museum of Geology at the School of Mines has for some reason chosen not to
be included in the fraternity of museums in South Dakota. As far as I can tell they
have never been a member of the Association of South Dakota Museums and have felt
that it was in their interest not to be included within the state museum system, in
spite of the fact that they are also dependent on state taxes for much of their support.
Their outreach program seems to be limited to a small circle of friends and
alumni. The School of Mines has a long way to go toward earning the confidence of
small museums and amateur paleontologists in South Dakota.
State Paleontologist
If an Office of State Paleontologist is established in South Dakota it should be set
up independently of the School of Mines but seek to help it and other institutions to
better serve amateurs and students who are interested in fossils.
In general, the State Office of Paleontology will need: (1) a civilian board to set its
philosophy, (2) sufficient funding to operate and actually do some good, and (3) a field
paleontologist with administrative and teaching skills.
Landowners’ Rights
For years paleontologists (amateur and professional) and museums (big and
small) have often run rough shod over landowners’ rights. Landowners have every
right to share in what ever wealth is taken from their land. We can no longer pretend
that these are just rocks or that scientific information has no financial value.
Senate Bill 3107
The proposals put forward under the auspices of the Nation Academy of Sciences
Committee on Guidelines for Paleontological Collecting come far closer to meeting the
needs of the public than does Senate Bill 3107.
The States need to provide more funding and technical assistance to their own
institutions so that they can better provide for the fossils within their borders. The
federal government too, could do a better job of managing the resource, educating the
public and working with the states, tribes and with local institutions.
I wrote the following editorial to amplify the unanimous vote of our museum’s
board of directors when they went on record in opposition to Senate Bill 3107:
129
Editorial
Bill threatens fossil hunting
Senator Max Bnucus of Montana lias intro¬
duced a bill in the U.S. Senate that if passed could
do damage to the Timber Lake and Area Museum
and other smaller museums thnt have collections
of fossils or would like to include paleontological
specimens as part of their collection.
The bill (S 11 3 107) is called the Vertebrate Pale¬
ontological Resources Protection Act and has as
its rationale the protection of fossils from com¬
mercial and amateur collectors who in recent
years hove become more visible in the field of
paleontology.
Although the proposed bill gives lip service to
protecting the interests of private individuals and
amateur collectors, iL would in effect eliminate nil
private collecting on federal land and Indian land
and seriously hamper collecting on state and pri¬
vately owned land by nil but approved profes¬
sional paleontologists that are affiliated with
“suitable” institutions.
Since most amateur paleontologists trade and
sell some fossils in the pursuit of their hobby, the
line between commercial and amateur is not clear
and since in the past many of the most respected
natural history museums have bought and sold
fossils including vertebrate fossils it is less than
clear who the “good guys” and “bad guys” really
are.
What is clear is that if passed the Baucus bill
would set up a complicated and expensive bu¬
reaucracy that will have broad new authority
over an activity some have taken for granted. It
will vest tremendous regulatory, legal, law en¬
forcement and even scientific authority in profes¬
sional land managers employed by the federal or
state government.
Many scientists believe that the bill, which is
modeled after the 1979 Archaeological Resource
Protection Act (ARPA), will seriously slow the
science of paleontology by taking amateurs out of
the field, driving collectors underground, putting
commercial col lectors out of business and discour¬
aging the public’s interest in dinosaurs and other
fossils.
There is even some concern that children who
mistakenly pick up a fossil (rock) while on public
land could be prosecuted and fined. Earth science
teachers would have to exert extreme care while
on field trips lest they violate provisions of the
proposed law.
Although the bill is primarily directed at fed¬
eral land, there are already concerns that its
provisions could be expanded to include privately
owned land.
Another thing which is known is that the bill
favors the larger, more financially endowed mu¬
seums and will encourage them to get bigger in
order to take advantage of the newly-granted re¬
sponsibilities. Many of these museums already
take a rather imperial view of their state or
region. If the bill passes they will have little
choice but to seek control and dominance over
their nrea. Their academic and economic future
will depend on having or securing the govern¬
ment-sanctioned monopoly that will (low from the
passage of this bill. 'I'll is will keep the private and
public money coming in. The end result will be a
jungle of political and academic cronyism.
Amateur collectors are the lifeblood of small
non-profit museums like our own. Without the
support of Helen Ross the Timber Lake and Area
Museum would have no fossil collection and very
little of the scientific information that backs up
the collection.
Small museums that are staffed by volunteer
workers are generally not eligible for most of the
grants that are available to fully staffed museums
and would consequently probably not be consid¬
ered to be “suitable” institutions no matter how
significant the collection or how scientific the
collecting and curating.
Senate Bill 3 107 has further divided the scien¬
tists who study fossils. The executive board of the
Society of Vertebrate Paleontology, which op¬
poses all commercial collecting, supports the bill
(see story). Other paleontologists, both profes¬
sional and amateur, are opposed to the bill. Offi¬
cials at the School of Mines and Technology in
Rapid City and the Museum of the Rockies in
Bozeman, MT have come out in favor of the bill.
Both sides claim to have the welfare of the
fossils and science as their goal. To a non-collec¬
tor and non-scientist looking in, the issues seem
to be job security, professional advancement,
budget bolstering, monopoly control, economic
exploitation, academic elitism, turf protection and
greed.
—JEN
Since opening four years ago our local museum has become a repository for
fossils from the Fox Hills Formation and to a growing extent the Hell Creek
Formation. So far we have enjoyed and benefited from support from amateur
collectors, Dr Karl Waage and The Peabody Museum at Yale, several other out of state
paleontologists and even from the Black Hills Institute of Geological Research.
The cause of fossils and science is not helped by people like Hugh Genoways and
Pat Leiggi who are placing more importance on their new cause than they place on
the truth. While many professional, amateur and even some commercial
paleontologists would and could cooperate, these men and their allies see no middle
ground.
1992 NORTHERN PLAINS GOVERNOR'S CONFERENCE: FOSSILS FOR THE FUTURE
PALEONTOLOGICAL RESOURCES ON PRIVATE LANDS
POSITION ABSTRACT
Dr. Michael E. Nelson
Dr. David Gillette
Dr. John Hoganson
Scientifically collected fossil vertebrates are unique, nonrenewable,
educational, and scientific resources that occur in the Earth's crust.
These fossils provide the only data by which scientists can reconstruct the
history of vertebrate life on this planet, and are one of the primary means
of studying long term effects of evolution, emigration, immigration,
extinction, natural catastrophes, episodic phenomena, climatic changes, and
global changes induced by tectonic effects. Increasing concerns over
deterioration of the global environment point to an ever-increasing need to »
understand past changes in vertebrate life and past global environments.
These investigations can be analyzed only from the study of fossils. All
persons must share in the ethical responsibility to protect, preserve, and
enhance this national heritage.
All paleontologists, land managers, and landowners are morally
obligated to ensure that vertebrate fossils are collected, prepared, and
curated in a professional manner so that they may be utilized to their
fullest extent. Vertebrate fossils should be left in place and should not
be disturbed except during professional excavation. Unsupervised private
collecting activities should be discouraged through public education.
Information about collected fossils, and their accompanying data, should be
disseminated to the scientific and interested public via research reports,
peer-reviewed journals, and non- technical articles. Ideally, all
vertebrate fossils, and their accompanying data, should be housed in
accredited repositories, including museums, universities, and colleges
131
where they will be cared for and will be available to all persons for
scientific and educational study, and for public display.
Each state should appoint a designated state paleontologist, with
professional experience and appropriate education, and a consortium of
university and museum professionals to serve as a liaison between public
land managers, private landowners, and accredited repositories. The State
Paleontologist and the paleontological societies should provide support for
landowners and should develop permanent and broadly based educational
programs to inform landowners about the best utilization of their
resources .
Given these statements, we agree that private landowners have the
right to determine the disposition of fossils from their property. A
number of choices are available to the private landowner. Of these,
selling to a commercial dealer, or donation to a public - supported
institution, are the two most commonly chosen paths. Each has its
attractions and disadvantages. The sale of fossils provides immediate
income, but insurance liabilities, fair market value, damage to property,
and the loss of specimens for educational purposes remain as problems.
Donation to a public institution allows the landowner a tax deduction at
full market value, and insures that the specimens will be available for all
interested parties in perpetuity. The fossils will become part of a
learning base in which all may share, but the immediate remuneration will
be lost. Therefore, each landowner must decide whether the short-term
remuneration is more important than a full -value deduction and long-term
care and educational use of the specimens. And finally, each landowner
must decide if their fossils should remain locally, in the state, in the
county, or sold to foreign interests abroad. Many of America's most
significant fossils are now being marketed via this latter option and
significant information from these specimens is then lost to mankind.
132
I. Public
Awareness
&
Education
[I. Economic
Development
Assigned Group at Meeting: Name: John P. Babiarz _
Public Awareness & Education
Affiliation: Babiarz Institute of Paleontological
Studie
(B. I . 0. P. S . I . is a non-profit Inc.
research organization)
FOSSILS FOR THE FUTURE
Due to the unfortunate incident surrounding the seizure of the infamous South
Dakota T-Rex, public awareness has been compounded ten-fold; from the back
rooms of small museums, institutions, and universities, to the front pages of
The New York Times. Not since the old fossil wars of Cope vs. Marsh has there
been so much notoriety. Personally, being only an amateur paleontologist, I feel
there are far greater impending problems facing this country (the budget deficit
for beginners) to warrant the attention now being given to the field of paleon¬
tology.
Although public awareness has certainly increased, public financial support has
not. Most of the founding fathers in the field were independently wealthy long
before becoming paleontologists. Public financial support is positively nece¬
ssary if the field is to continue its existence. Legislating taxpayer's doll¬
ars toward that goal will never be publicly acceptable, nor economically feasible.
Certainly a partnership between the millions of citizens and the Federal and
State Departments will be neccessary. The N.A.S. report has promulgated a
reasonable program toward public consensus. The ground work has been completed;
now it is time for the BLM to "grab the bull by the horns" and proceed with
the ten recommendations.
Currently the Denver Museum of Natural History has initiated a successful ama¬
teur education program. South Carolina also has a hobby license program in
effect, and Florida has followed suit. We are all one people, one country; a
definitive team effort is needed, not legislative rhetoric. Making criminals
out of citizens is criminal. Allocating billions of dollars into S-3107 won't
work ! What a failure the drug program has been. Can we afford a similar fiasco?
Possibly using public education as an issue, an ad hoc committee of local, ama¬
teur, commercial, and professional people could be assembled to represent each
state. Let them address the issues, and then make the appropriate legislation.
A respect of law, nature, and economic development is the key to success and
the "Democratic Way". Mr. Charles E. Clay, President- Mammoth Site, was one
of the few speakers adept at the economic impact concerning paleontology. His
program of "earn before you spend" is synonymous with any sucessful business.
Government, however, typically spends before any consideration of earning. Hope¬
fully those professionals in the audience took copious notes.
Commercialism in the field of paleontology was heavily promoted by most large
nuseums up until 1986, when the tax incentive loophole for donors was eliminated.
This left a vast amount of surplus material at the market level and allowed for
the promotion of private collections- Ultimately these private collections will
=nd up in museums, but the loss of scientific data attached to these collections
leeds to be addressed.
Retaining the market for fossil specimens is imperative, and is in itself a
healthy, long-term scientific incentive program. Focusing on returns of income
and a sound profit margin is necessary. Selling a dinosaur for $500,000.00 is
wonderful. The Museum of the Rockys condemned the thought of such a sale. How¬
ever, that $500,000.00, if put to constructive use, could have financed the grad¬
uate work of five people whose salaries over the next 25 years would have generated
some 2 million dollars alone in tax revenue. That would be enough to buy the
133
Name: John P. Babiarz
Affiliation: Babiarz institute of Paleontological
Studies Inc
dinosaur back, with a surplus of money left over for additional research and
collecting. Dinosaurs are not rare. Case in point: over the last 200 years
8 T-Rex specimens have been discovered. Yet in the last 4 years, 3 additional
specimens have been collected! Why? Because someone had the monetary incentive
to go looking.
III. Private
Landowner
Rights
Private Landowners Rights are spelled out in the Bill of Rights, and the
United States Constitution- they should not be addressed here. They don't
need any modifications: End of discussion.
IV. Public
Land
Management
The term "Public Land Management" is an oxymoron. Public land has turned into
the private estates of those paid to manage these properties. They should be
opened up to the public, or offered for public sale. Public land should
be for the public, not just for special interest groups as in the lumber, coal,
gas, and oil industries.
V. Conservat¬
ion &
Preservat¬
ion
There aren't enough football stadiums available to preserve all the fossil mater¬
ial being currently collected on private land, let alone that legally coll¬
ected on BLM and State properties. Certainly a computer disk occupies less
space than a dinosaur. Fossils are a renewable resource as long as there is
continual erosion and land mass movements. We'll be long gone off the face
of the earth, and T-rex's will still be eroding away, patiently awaiting alien
collecting crews!
I'm enclosing some additional material for your reading pleasure, or at least
it's recyclable scratch paper!
Sincerely,
C<4
John P. Babiarz, President!—
Babiarz Institute of Paleontological Studies Inc.
JPB/dab
Enclosures
134
Name : Robert A. Farrar
Affiliation : Black Hills Institute
I. PUBLIC AWARENESS AND EDUCATION
The key to successful public education and awareness about fossils and fossil collecting is
through coordinated cooperative efforts involving all federal, state, local, and private
entities interested in the topic. The “disinterested” public can be reached in a variety of
ways, many of which are already established, through public and private museums, private
business, and organized societies - both amateur and professional. Hands-on experiences
with real fossils are essential to continued interest in the science.
II. ECONOMIC DEVELOPMENT
The economic development aspects of paleontological remains are, as of yet, little
exploited. The sales of common fossils plays an important part in most aspects and instances
of successful economic development utilizing fossil remains. Few sites exist where in-situ
deposits are feasible tourist attractions, but fossils sold or exchanged to museums or private
collectors can lead to a steady stream of visitors to accessible sites, seeking their own
discoveries. Small, private museums and gift shops also attract tourists and amateur
collectors. Such visitors can offer a significant boost to the economy of small rural towns.
III. PRIVATE LAJSI DOWNER RIGHTS
Private landowners must remain free to do whatever they wish with paleontological
remains found on their lands. The discovery and disposition of fossils from deeded land can be
handled , by the owner, in a variety of methods without governmental interference. “No
strings attached” volunteer government programs may seem helpful, but I see few, if any,
examples where this type of program is really beneficial to anyone but federal land
managers.
135
Name : Robert Farrar
Affiliation : Black Hills Institute
IV. PUBLIC LAND MANAGEMENT
I fully support open access to public lands for all persons. Excessive restrictions and
regulations are simply not in the public interest. Mechanisms to implement commercial
collecting and to allow private ownership of materials found on public lands are essential.
After all, gas, oil, and coal are fossils, and their exploitation is encouraged.
All attempts, thus far, to regulate fossil collecting have failed, and there seems to have
been only one obstacle each time. The Paleontological Resources Conservation Act introduced
in 1983 was a fair proposal. Many people supported it, but a minority group of the Society
of Vertebrate Paleontology (SVP) blocked its passage. The NAS study, resulting in the 1987
publication of Paleontological Collecting, was a concerted effort by nearly all interested
parties to reach a concensus. The findings, published as recommendations reflect this
concensus. (This included SVP representation.) A vote of the SVP membership supported all
but one of the recommendations, but the “official” SVP minority position statement opposes
the NAS findings.
The next step was Negotiated Rulemaking for BLM regulations. Representation from most
national paleontology related societies (including SVP) and land managers worked under DOI
directives using the NAS report as their guidelines. A concensus was reached but after draft
regulations were distributed, the SVP minority position prevailed. Regulations were never
published.
It has become obvious that the SVP “official" position does not reflect public opinion,
nor even the opinion of its general membership. (I am a member.) The Baucus bill, S.-
3107, is a prime example of the SVP “official” position. Most museum employees with
whom I have spoken oppose this legislation, some categorically opposing this type of broad,
unenforceable legislation. Even the American Association of Museums, referred to in the bill
in defining “suitable institution", opposes S.-3107. Extreme legislation such as this is
unnecessary to preserve paleontological remains. The longterm solution lies in the private
sector, not in expanding governmental powers.
V. CONSERVATION AND PRESERVATION
Ethically, employees of the federal bureaucracy should not be involved in political
campaigning to enact legislation to further their own careers. Academic scientists, as well
should remain in their home arenas and “do science”. After all, the public hires and pays
these people wages to perform their respective duties detailed in job descriptions and elects
politicians by popular vote to perform other duties.
The preservation and conservation of paleontological remains can be accomplished
through the joint endeavors of public employees, employees of private business, and private
citizens. The employees in the public sector must remember that the private sector is self-
supporting, in addition to being the source of the tax revenues which support the public
sector. Traditionally, private scientific ventures have been good supporters of “pure
science" research projects. There is no reason why this can not be true for paleontology.
The only way to preserve fossils for the future is to guarantee that they are collected.
136
Name:
John Poieta. Jx
Affiliation: U.S. Geological Survey
I was very pleased with the philosophical tone set for the
Northern Plains Governor's Conference by Governor Mickelson and
Keith Ferrell, Editor, Omni Magazine — the need to work for
consensus and to rise above emotion. This is also the
philosophy that guided the National Academy of Sciences
Committee on Guidelines for Paleontological Collecting.
I. PUBLIC AWARENESS AND EDUCATION — As noted by Governor
Mickelson and Mr. Ferrell, there is tremendous public interest
in paleontology, particularly dinosaurs. There is less
awareness of other aspects of the study of fossils, and public
confusion of archeology with paleontology appears regularly in
all media forms. In the many forums I have attended on
paleontological collecting since 1981, education and public
awareness of fossils is always a topic of discussion. In the
present forum, Mr. Ferrell made the point, "An educated public
will serve as a de facto protective force on public lands..., if
they know what they are protecting." Throughout the past dozen
years, I have been a strong advocate of education rather than
legislation about fossils. However, education takes time, and
our society is noted for wanting things to happen quickly.
Happily, over the past 12 years, many educational steps have
been taken, which include both partnership opportunities and
outreach programs: museums now hold more classes, land managing
agencies have developed more exhibits, the commercial community
has produced brochures and a code-of-ethics , the amateur
community regularly invites researchers to their meetings and at
the 1992 North American Paleontological Convention had special
exhibits of the fossils they collect. The U.S. Geological
Survey (USGS) has developed interagency partnerships with the
Bureau of Land Management, National Park Service, and U.S.
Forest Service through a memorandum of understanding (MOU) on
the "Management of Fossils on Public Lands," which includes an
interagency working group to resolve paleontological problems;
also, the USGS now has a mandate to keep the National
Paleontological Data Base. In addition, this agency has
prepared teaching sets of fossils and a new brochure and poster
about fossils. The Paleontological Society has produced
several brochures, gives awards to the non-research community,
includes information about that community in its newsletter, and
attends their meetings. The educational initiative of the
paleontological community is alive and well, but needs
continuing fostering.
II. ECONOMIC DEVELOPMENT — The subheadings under this topic do
not include the major economic use of fossils, which is
extractive industry businesses that use sedimentary rocks.
Sedimentary rocks commonly contain fossils. Such rocks are used
by coal mining, building stone industries, fertilizer and
agricultural limestone industries, zinc and lead mining, etc.
Coal is essentially composed of fossils. Many buildings in
137
Name :
John Pojeta, Jr.
Affiliation:
U
S .
Geological Survey
virtually any city are faced with stone containing fossils.
Phosphates used in fertilizers commonly come from fossil-rich
rocks. Any thoughts about Economic Development of fossils must
extend beyond heritage travel and markets for fossil specimens.
III. PRIVATE LANDOWNER RIGHTS — In a society that respects
private property rights, the major vehicle to use with land
owners is education. At all times, fossil collectors need to
inform land owners of what the collectors plan to do on the
land. Land owners need to know what kinds of fossils are in the
rocks on their land, what effort it takes to collect those
fossils, to what uses the fossils will be put, and if the
fossils have scientific or commercial value. The National
Paleontological Data Base would be the logical place to store
such information.
IV. PUBLIC LAND MANAGEMENT — As noted in my Plenary Session
Presentation, I support the National Academy of Sciences Report
on "Paleontological Collecting," as the basis for developing
regulations by land managing agencies. The lawyers on the
Academy committee saw no need to create additional legislation
specific to fossils. The paleontological expertise needed to
guide Federal land managers is already in the government.
Permitting and regulations are the purviews of the land
managers. Prohibiting general collecting of certain localities
or low level taxa is reasonable. Blanket prohibitions of large
areas, high level taxa, or formations are not reasonable. The
cost of 'baseline surveys' makes these unreasonable as well. As
research and discovery make new information available,
additional localities can be added to the list where general
collecting is prohibited. The National Paleontological Data
Base would be the logical place to store information for all
agencies; the data base already has information on 250,000
fossil localities.
V. CONSERVATION AND PRESERVATION — Scientific considerations can
be handled by the interagency committee created by the MOU on
"Management of Fossils on Public Lands." The fossil locality
register can be part of the National Paleontological Data Base.
138
Name Jennings r looen.
A f f 1 1 i at ? on Private Landowner
1. Public Awareness and Education.
Each state should have a qualified paleontologist to act as a facilitator
between agencies, professionals, public. He/ she should issue news releases
to public to heighten public awareness. They should publish a list of field
opportunities for amateur and professional diggers.
ii. Economic Development
ill. Private Landowner Rights
f t-, ,-t I i kv*i r. i" t -zi 1 t” n v~ + v“ -j hmi r- r. .i r* r. r. 1 1 K 1 i “■ ►-ii -r. H r- ill t r« «-• i 1 ”• r. ~ i fv* k. V~* i i i «“i
rlL U 1C L 1II1C U I Z* UIC Ui U Uil Z> |J U I L U II }J U L« I I L- I «J UU3, U II IUOOII O fJ C L I III C I I Z* Z* I \ U U l U
be accompanied with the information on the location found (both
g e o g r a p h i c a 1 a n d g e o 1 o g i c a 1 ) , t y p e o f s p e c l rn e n . T h e n a rn e o r n a rn e s o f t h e
responsible government agency be it federal or state or the landowners in
the case of private land
h i i !
IV Public Land Management
V Conservation and Preservation
! f p o s s i b 1 e all f o s s i 1 s s h o u Id be kept n e a r t h e are a s w h ere f o u n d i f a n
a p n r o p n a t e re p n s 1 1 o ry i s a v a 1 1 a D 1 e . '/■/ h e t h e r f o r t o u n s t o r s c i e n 1 1 f i c s t u d y
this should provide an economic boost for the local economies. It. would
also seem that research could be enhanced by being close to the ongnal site
of the fossils
139
Name:
5
o r\
CXfper
AA.
Affiliation
: /VvervCtArx As>soCf<vf 10 r\
fill f’Orv’h^ Co. i 5
<W
b^rs
Public Awareness / Education-- The AAPS has always directly supported
public awareness and education. We award two scholarships annually for
the study of paleontology. The AAPS fosters ties with amateur and
professional organizations by sending representatives to their annual
meetings. The AAPS believes that public awareness of paleontology is best
promoted by encouraging the collecting of fossils by anyone who desires to
do so.
Economic Development- Marketing of fossils is nothing new. It’s been
done in Europe for thousands of years! Even in this country, the “fossil
business” has existed for hundreds of years. Thomas Jefferson purchased
fossils. A hundred years later, Charles Sternberg and his sons made their
living solely on fossil collecting. History has shown that free enterprise does
a better job promoting paleontology than the most well intentioned
governments. The goal of the AAPS is to promote paleontology through
fossil trade.
Private Landowner Rights-- The AAPS believes that private landowners
have the right to dispose of their fossil resources as they see fit. AAPS
members get landowner permission before they dig. Members are
encouraged to maintain close contact with landowners, keeping them
appraised of any finds, and compensating them fairly.
Public Land Management- Public lands should be open to anyone who
wishes to collect fossils. The AAPS agrees that permits are needed for
extensive excavations, just as they are for mining and quarrying. The AAPS
fully supports the NAS recommendations on Paleontological Collecting
(1987) and encourages their implementation. AAPS strongly opposes
Senate Bill 3107. and calls for its removal! This bill is exclusive, and
possibly unconstitutional. If made law, this bill would adversely affect all
concerned parties and be a detriment to the science of paleontology. We
propose a new bill be drafted with equal representation by all concerned
parties.
Conservation & Preservation-- The AAPS membership feels the science of
paleontology is first. Scientific consideration is paramount. We assist
academic paleontologist with information and free specimens (needed for
their research) through our “Adopt a Paleontologist “ program. AAPS
encourages its members to regularly donate specimens to scientists and
institutions to help further the study of paleontology. Recently, AAPS has
instituted an internal education program to keep its members informed to
scientific technique and documentation.
140
Name:
Affiliation:
h' * <■ - ^ 1 u 3 d
Awareness / Education: Potomac Museum Group (PMG) belongs to the
American Association of Paleontological Suppliers (AAPS). We work with
many local schools to give programs, and to invite students to our lab. We
are a internship site for university & college geology programs, and currently
have an intern from Macalaster College. We work closely with the Science
Museum of Minnesota’s Educational Outreach program, providing them with
both specimens and consultation. In fact, the Educational Outreach people
have told us that it’s much easier for them to obtain samples from us than
from their parent institution! Public awareness & education are primary
goals for PMG. We give public talks and adult ed. classes. We help people
learn about earth history, fossils, and the difference between archeology &
paleontology. Art can be found many places like private collections, building
lobbies & offices, even on the street! Why not the same for fossils? Why
should all fossils be held captive within the hallowed and often empty halls
of museum collections where often only a few privileged individuals can go?
I know that some museums have many specimens the public never sees,
and I’ve heard of the massive collections and unopened field jackets
gathering dust in the Smithsonian Institution basement. How much is
enough? Not everyone in this country can go to a museum. Disseminate
fossils for all to appreciate and enjoy!
Economic Dev.: PMG has been offered large sums of money more than
once for outstanding fossil specimens. We have refused these offers
because those specimens were of unique scientific value. These specimens
were donated to public museums for study. I was very concerned with Jason
Lillegraven’s libelous transparency which attributed many negative
characteristics to all commercial collectors. He would have one believe that
all commercial fossil dealers are money grubbing, unethical bandits. I
wonder how he would feel if I stereotyped all academic paleontologists as
domineering, self-serving fossil hoarders? The truth is thal-many
commercial collectors are more concerned with science, than with “making a
buck”. At the hearing for the T-Rex, “Sue,” Bob Bakker, pHD, said that the
Black Hills Institute of Geology shared more with the scientific community
than any other public institution in 100 years! We want to continue to build
bridges with the scientific community.
Private Land: As members of the AAPS, we collect only with the landowners
permission. We have good working relationships with these landowners,
and they appreciate making some money off land that would otherwise lie
fallow.
141
Name:
-l I ~T? > I tr )
Affiliation
: /V • ^ ; :• : • ; A
(J >C Li. kZ-
£l^p
Public Land Mgmt.: John Pojeta pointed out the NAS Guidelines written in
1987 define positive strategies for dealing with commercial / scientific
interests. Unfortunately, the executive committee (13 people), not the entire
membership of the Society of Vertebrate Paleontology, rejected those
Guidelines. So, here we are again trying to re-do what has already been
done. Pat Leiggi’s unilateral speech proselytizing Senate Bill 3107 would
have one think that his way is the only way. It seems that a select few
individuals are trying to dictate what they see is best for everyone. I ask
whoever reads this to be alert to the innuendoes and propaganda-like
rhetoric which comes from those individuals pushing for #3107. They would
have us believe that there is a “holy war” of sorts- that they (the wise &
righteous) must protect our fossil resources from them (the immoral & bad).
Beware of this dualism. Remember that most fossils are found by amateurs
& many collections found in our museums were donated. Remember that
museums are also commercial dealers, they sell fossils too! (In the late
1960’s the American Museum of Natural History sold the skeleton of the type
Dynamosaurus imperiosus (AMNH 5866- synonymized with Tyrannosaurus
rex) to the British Museum of Natural History in London, England.
Conservation: Finally, it comes down to the issue of control & ownership.
Who should control fossil resources? How can we prevent a “power elite”
monopoly of those resources? At this time of relaxed international trade
barriers, why shouldn’t we share fossils with the rest of the world? Those
life forms preserved existed without today’s political boundaries. Remember
what Keith Ferrell of OMNI magazine said at the beginning of the
conference: fossils elicit a magic to all that touch them. They are our
connection to the past. The right to touch, dig, and collect fossils must be
allowed to all. We promote the idea of compromise and balance. The
commercial collector should be allowed to continue their work with the
supervision and guidance from the scientific community. The scientific
community needs reach out and share more with other non-scientists, as we
share this planet together.
142
Name: Clayton Black _
Affiliation : Potomac Museum Group _
Because of the lack of allotted space being provided for
commentary, I would like to specifically address the topic of
conservation and preservation of fossil resources on public lands
(Topic Area V), as outlined in the conference agenda, as well as
the conduct of the conference. Although it need not have been,
this conference seems to have been drawn along the self-imposed
and unnecessary boundaries of "Academic Paleontologists" and
"Commercial Collectors," each "side" claiming to represent the
interests of amateurs and land managers. Surely our most noble
desires and motivations are much the same. Conservation and
preservation are areas where cooperation between so-called
"factions," as well as the vast number of amateur collectors,
would not only provide cumulative benefits to paleontology as a
whole, but, most likely, would provide some benefits of
exponential proportions.
It would be good to identify some of the common goals and
aspirations, as I have understood them, at this point. We all
aspire, I hope, to advance the science of Paleontology and those
sciences contigent to it. Geology, Biology, Evolutionary Theory,
etcetera. We also seek to educate children and adults alike, so
that we all may better understand the world we live in and our
place in it. This knowledge is not just for a privileged few to
hoard, but rather is a human trust that should know no boundaries.
Conservation and preservation of these fossil resources are the
first steps to reaching these goals.
At this point I would have liked to address the points
brought up by the topic speaker in this area, Jason Lillegraven
(pardon me if I have left off some academic status, MS or PhD, but
none was listed in the agenda). However, as can be seen by
examining his speech, which I understand will be published in
these proceedings, he has really barely touched on the real
concerns of conservation and preservation, and, unfortunately, for
the purposes of this conference, merely delivered a factional
tyrade of outrageous stereotypes and prejudices. Hopefully, the
future will hold more understanding on both "sides." Therefore I
must address myself directly to the points in the agenda, as vague
and inconclusive as they are.
Topic V : Conservation and Preservation
1 : Scientific Considerations
A: Ethical Academic Issues - I am uncertain what the
intended issues are, but those I find most pressing are those of
academic sharing, education, free access, fair debate and
argumentation, as well as a sense of selflessness, in which
science and education come before one's personal gain or glory.
Seeing that as many fossils as can properly be preserved are
collected should be the goal of academics and paleontology as a
whole. These goals would be best achieved by a cooperative
effort, involving amateurs, academics, commercial collectors and
land managers. Vertebrate fossil beds on public lands are too
extensive for academic institutions alone to preserve. Catalogs
of hundreds of vertebrate specimens on national and state Badlands
property in South Dakota, weathered beyond collectability, give
testament to the need for more pro-active work in the field of
conservation/preservation .
B: Scientific Documentation - We all agree that science
must be served first if all of our other goals are to follow suit.
Therefore, documentation of sites and specimens are a must. It is
granted that amateurs and commercial collectors are often not
143
Naaa: Clayton Black
Affiliation: Potomac Museum Group
properly educated in these areas, however this should not be
looked upon as an immovable barrier to cooperation and progress.
The Denver Museum of Natural History Amateur Accredidation program
is a good initial step and can serve as an example of future
dialogue and education, so that standards of documentation can be
achieved .
2 : Basis for Accurate Interpretation and Education -
Amateurs, commercial collectors and academics alike, all serve to
educate the young in our schools. The organization that I
represented at this conference gives school talks to hundreds of
children per year, and we are working towards thousands in coming
years. We provide a hands on experience that will hopefully
inspire some future geologists and paleontologists. We are but
one of many such groups. Accurate interpretation and education
depend on seeing that there is accurate knowledge shared by and
dialogue between the groups disseminating information.
3 : Fossil Locale Registry
A: Mandated on State and Federal Lands - A registry of
fossil locales on public land is an excellent idea. Environmental
impact, extensiveness of fossil beds, rarity of fossil specimens,
scientific importance and plans for conservation/preservation of
sites are all areas of great value and would hopefully be included
in such registry assessments. However these goals would be nearly
impossible to attain under current systems of management. This is
yet another argument for cooperation and education at all levels.
Properly regulated, but unrestricted access to all but the more
sensitive public lands is in the best interest of Paleontology, as
per the NAS report.
B: Voluntary on Private Lands - This seems like a useful
idea, as the decision remains in the landowners' hands, and also
makes known and available sites which may be of scientific
importance, as per the North Dakota Wilderness Areas Registry.
4: Regional Repositories - Repositories of specimens of
scientific value from public lands are most definitely necessary,
however the term "regional" suggests hoarding and localism, which
are antithetical to scientific sharing and fair debate. Regional
registries and regional clearinghouses for specimen sharing seem a
good combination, although it is beneficial for certain
repositories to have specialties or extensive collections from
certain sites, it is best to prevent cases of hoarding. However,
museums, universities and other repositories do not have the
ability to curate every common fossil occurence that happens to be
found on public lands. This is where commerce can come into play.
Properly educated and accountable collectors, amateur and
commercial, could make common specimens available to institutions
and individuals throughout the world, thus disseminating specimens
and knowledge, as well as preserving the specimens and the
scientific data that might have been lost to erosion or improper
development otherwise. They could also provide this service with
a minimal use of public tax monies.
I know there have been disagreements about commercial
collecting on public lands. These stem mostly from
misunderstandings on the parts of all parties involved in the
dispute. Unfortunately this conference did little to close the
gap, although I was interested to meet several public officials
and others, who knew little about the dispute and were more
interested in furthering science than in factional fighting.
Hopefully the future holds better prospects.
144
I
Name: Shirleu Roden.
Affiliation: Private Landowner
i. Public Awareness and Education.
1 ) Any buildings, headquarters etc open to the public should be an
opportunity to display and interpete local geological history along with the
other natural history of the area. This might include display of real local
fossils or good reproductions. It should also be an opportunity to impress
on the public that fossils belong to the people and it is to their advantage to
protect them. 2)A),B),C) It. goes without saying that all governmental
agencies should cooperate with each other in developing sites and material
for interpretation and public education. D),E), The fine program of the
Forest Service, already in place for Archaeological Sites (Passport in Time:)
should be expanded to include paleontological sites as well. This would
mean more paleontologist would be needed by the Forest Service and/or
other agencies to give proper direction for amateur involvement. For profit
groups could do contract work for the agency to recover endangered
specimens, providing title to fossil remains with public and funds are
available for such work, but normally volunteers should be utilized
whenever possible. 3). Outreach programs that involve young people
provide the best guarantee for the future. Not only in preserving fossils but
more importantly stimulating the best in our young people, to,
educationally speaking, give them a boost up the ladder. The greatest
opportunity for present protection of our fossils lies with the involvement
o f t h e public in t h e rn a n age rn e n t. o f o u r fossil res o u r c e s . T h r o u g h p ro g r a m s
like PIT, training in recognition, proper excavation and documentation show
why we don't just rip bones out of the ground. Local museums and schools
would play the most vital role, but other groups such as Scouts, 4-H clubs.
Extension clubs etc. could also be involved.
IS. Economic Development
Perhaps the best way to help economic development is to interpret, and
display the fossils in local museums as close to the original fossil site as
is feasible. If the local sites are undesirable because of security or other
factors, assistance could be offered to help upgrade the facility. In any
case good reproductions of the fossil and copies of the documentation
should be available in the local area of the find. Even if it has to be
displayed at the local Chamber office or some such place. That is what
brings in customers to the local gas stations, cafes, motels etc. A near by
regional facility that has proper facilities should have preference if the
fossil cannot be displayed locally. They in turn should be encouraged to
rotate exhibits for display in small communities for the edification of local
people who might not have the opportunity to visit the larger institutions. I
do not see any particular value for the people as a whole in the sale of
f o s s i 1 s I n f a c t p u 1 1. i n g $ v a 1 u e s o n f o s s i 1 s c a n o p e ri a P a n d o r a ‘ s b o x f o r n o t
only the public, but private landowners, public land managers, museums and
public educational institutions.
145
Name: Shi lieu Floden.
Affiliation: Private Landowner
III. Private Landowner Rights.
I personally believe landowners should be encouraged to demand that anyone
entering on private land and not personally accompanied by the landowner
should carry a written permission slip from the landowner for what ever
purpose they are there and that it should include release from liability in a
case of accident.
IV. Public Land Management
Clarification of the legal issues is needed. Are fossils considered as
historic, minerals, gravel, surface or what? Can we have more teeth in
trespass laws? Can we (private landowners, law enforcement etc.) have a
way of finding out from public agencies if they have people working in the
area and what they are doing. I do not favor the NAS recommendations for
management of fossils on public land. I do favor Senate Bill 3107.
V. Conservation and Preservation
! feel that in the interest of protecting the fossils it is best if only one
group is working in a given area Even academics can get competitive. In
certain complex problems perhaps a group approach would be better. Areas
of responsibility should be clearly defined in this case. Most certainly the
highest standards of Scientific documentation should be demanded of any
group collecting on public lands and this documentation should be done on a
timely basis. This certainly should not rule out school children. What
better way and what better time to teach them the correct way of doing
t h 1 n g s t h a n h o w s c lentis t d o c u rn e n t their di s c o v e n e s . P ubl ic I n s 1 1 1 uti o n s
that have a time tested history in the field of fossils and geology should
judge the accuracy of Interpretation and education.
A Registry of fossil locations on both State and Federal Lands and
voluntary registry of sites on private land is most desirable. I would also
like to see a catalogue of fossils in public museums included in that
registry This should be an invaluable tool for researchers. A similar
catalogue on a voluntary basis from private museums could also go in the
registry. Development of Regional facilities should be encouraged and they
in turn should lend their expertise to smaller and more local institutions.
I would personally like to thank the Forest Service, particularly the
Nebraska National Forest for initiating this conference. There is much to be
done if we are to be proper stewards of our fossils and through them learn
all we can of not only our geological past, but the natural history of our
planet.
146
Name: David Anderson _
Affiliation: Dakota Fossils
I would like to comment on remarks maie the first day of
the Fossils for the future conference. Anumber of panelists
described fossils of the future as a nonrenawable resource.
I disagree. As long as sediments are exposed, fossils will
be found weathering away. Let us take into consideration
the amount of time it will take to weather these sediments.
Will it be 10, 50 or 100 thousand years? As sediments weath¬
er what will happen to eroding fossils if not collected?
What will be done with the fossils collected in the future
compared with the vast collections collected in the past
century?
Most fossils are quite common, once a person understands
where they are located in the geologic strata. A great
many of the fossils found are of no scientific importance.
That can be proven by our local museum staff and how they
respond to local finds brought to their attention by am¬
ateur collectors. For example, an amateur collector contact¬
ed our local university museum, which has a paleontology
department, about a partially articulated skeleton weather¬
ing out of some badlands. The curator went to look at the
specimen, ^e identified it as a Trlceratops skeleton and
stated that it was of no importance to the museum. The
specimen was later discovered to be a ^-Rex. It is now
beinsr prepared privately and will be on exhibit at a local
museum .
I have been informed recently that various public museums
have been pulling some of their displays to make room for
dinosaur displays. Their answer to this if "dinosaurs are
more popular at this time." It seems to me that some public
museums are more interested in exibiting the greatest at¬
tractions rather than educating the people on how fossils
have evolued from the past to the present.
Private enterprize is one of the ways to fill in the gaps
of what museums can not or will not do. The burden should
not be placed on the taxpayer if other organizations are
willing to step in.
Industry has been able to profit from public lands. Mining
continues of nonrenewable resources such as oil, coal, gold
and other precious minerals. This will be allowed until
all resources are depleted or until there is no market.
Our government condones this. Yet they want to forbid us
from collecting fossils, which weather slowly and are a
renewable resource.
147
Name: Alvin Albrecht
Affiliation: Vice President, R. C. Common Counci 1
Member, Western Dakota Gem & Mineral
Society
September 26, 1992
U.S. Dept, of Agriculture
Nebraska National Forest Service
270 Pine Street
Chadron, NE 69337
Ladies and Gentlemen:
Putting the collecting of fossils in the hands of the government
and paleontologists is the most wasteful thing you can do. They do not
have the time, man power, or money to collect and save all specimens that
erode out. Depending on the soil, it takes from two to five years to be
lost to the elements.
It is much better to be collected by anyone than to let it be
lost!
Collectors and dealers help to fill museums all over the world.
In turn, we gain knowledge by buying from foreign countries. Without this
open collecting, we will have lost the building of museums to only, a closed
and select few.
Your fear of raising prices of fossils is unfounded. Dealers
must do quality work in a timely manner, which is lost when working on the
tax dollar under government control, which is not done in a true business
manner.
Why do you people who are paid by the tax dollar insist on trying
to turn our government into a dictatorial power? Come on and wake up to the
fact that this is still the United States with a Constitution for all the
neon! e and not for nust a ori vi 1 eoed few.
148
Name: Donna J. Engard, Patricia E. Monaco,
amateurs and volunteers in paleontology
Affiliation: Garden Park Paleontology Society
(501(c)(3) non-nrofit working with BLM in Canon City, CO
re: Public Awareness and Education (I)
2) D) Academic, Amateur
We we 1 coned the opportunity to take part in the .Northern Plain's Governor's
Conference and were saddened that the full agenda could not be completed. We need
a very open dialogue among all the parties to solve the very critical Problems
of paleontology today. We see none of the threats to amateur participation in
paleontology that have been played up in the press, in fact, we see the opoosite.
There are official programs now where volunteers can be involved very deeply with
paleontology reponsibly. The only decision an amateur need make is in level ox'
involvement. Amateurs still have a great deal of freedom as far as collecting in
paleontology but need to remember that this freedom carries with it even greater
reponsibi 1 i ties in connection with fossil resources which are non-renewable. When
amateurs net involved with the science of paleontology rather that just the
collection of fossils for personal use, it becomes even more obvious how important
a resource fossils are in terns of scientific information. As an example of how
involved amateurs can be we would like to give examples from our involvement.
As certified amateurs we have truly unlimited opportunities to volunteer for
paleontology. Having both graduated from the Paleontology Certification Program
at the Denver Museum of Natural History in 1991 v/e continue to volunteer for the
museum in the fossil preparation laboratory as well as field work. The certification
does not make any amateur a professional paleontologist, but a para-professional to
whom the legalities, ethics and responsibil ites of the science are very clear.
Additional ly, v/e also volunteer for the University of Colorado and have done field
as well as preparatory work for Dr. Peter Robinson. This work has led to our
appointment as Museum Associates and to inclusion on paleontology permits in order
to monitor sites in our area of residence for the University. Pat is also a member
of Western Interior Paleontology Society which is now developing a premitted
relationship with the BLM to help in survey and salvage work for the agency.
(continued)
149
Kama: Donna J. Engard, Patricia E. Monaco'
Affiliation: Garden Park Paleontolonv Society
page 2
Our longest standing palenntolony cornnitment in addition to those previously
listed, is with the BLM in Canon City, Colorado. Since 1000 we have been part of
the Garden Part Paleontology Society as elected officers. We have been working with
the BLM to protect the Garden Park Fossil Area through “Public Education and Scientific
Research" as part of our ethics statement. All our members sign an ethics statement
and recognize the importance of developing a responsible involvement with the
science of paleontology. The Society is working with the BLM to nlan and build a
major educational and research facility in the fossil area. We have a partnership
with the Denver Museum of Natural History Department of Earth Sciences for professional
technical assistance as well as a thirteen member Scientific Advisory Group made up
of paleontologists from around the country.
In short, at least on the Colorado Front Range, endless opportunities exist
for the amateur paleontology enthusiast to get involved with the science of
paleontology . True, it takes time to get the training to work with scientists, but
it is very satisfying to contribute through volunteering. There are levels of
involvement which do not take unusual committments such as with WIPS and the BLM
as well as the Denver Museum of Natural History. All or these use non-certi fied but
still capable and interested volunteers. As our own society continues to grow we
hope to be able to offer our own training program to interested citizens locally.
We already have an enthusiastic Junior group of 5th and 6th oraders who worked with
teachers to develop a coloring book on tne dinosaurs from the Garden Park Fossil Area.
Despite levels of training in paleontology that amateurs choose to have, there are
many ways they can be involved responsibly with the science and make valuable
contributions to it. Despite what what has been portrayed in the Press, amateur
involvement in paleontology has never been more available on even higher and more
responsible levels than ever before and is wel corned by all in the science.
150
„ Hannan E. LaGarry-Guyon
Name: _ _
, Univ. Nebraska State Museum
Affiliation: _ ___
During 1991 the USDA Forest Service requested that the
University of Nebraska State Museum (Challenge Cost-Share
Agreement #02-07-91-013) assess the condition of fossil re¬
sources on the Qglala National Grassland in the vicinity of
tourist-accessible Toadstool Park (Sioux County, Nebraska).
The fossil-bearing bedrock in this area is primarily the White
River Group (Chadron and Brule Formations), which yields
vertebrate fossils that are easily collected and marketed.
These rocks are late Eocence and Oligocene in age, and in the
Toadstool Park region comprise the lithostratigraphic and
biostratigraphic standards for the White River Group outside
Badlands National Monument. This work was continued in 1992.
The results of these inventory surveys are the first
quantitative estimate of the impact of illegal collecting of
fossil vertebrates on federal lands, and are therefore rele-
vent to many public land management issues to have been ad¬
dressed at the Governors' Conference on Fossils For The Fu¬
ture .
IV. PUBLIC LAND MANAGEMENT
2) Permitting and Enforcement
The current system of permitting use of USDA Forest Serv¬
ice lands (Special Use Permits) allows land managers to moni¬
tor and control legal access to federal lands. During our
survey work, we (the University of Nebraska State Museum) had
the only permit allowing excavation issued for the Oglala
National Grasslands. Any excavation not done by us, there¬
fore, was done illegally. Should there have been other active
permits, we could have contacted the permit holder (s) to
obtain information on where and when excavations were made.
The distinction between legally and illegally conducted exca¬
vations would have been impossible without the permitting
process .
In addition, USDA Special Use Permits are very restrictive
with regards to allowed activities. The permits are designed
to reduce or eliminate direct and incidental damage to fragile
ecosystems present on federal lands. Because permits (and
therefore access) can be revoked and financial penalties
levied if the permit's restrictions are not met, permits
provide accountability should federal lands be damaged.
Providing open access to unpermitted individuals would result
in increased traffic on federal lands with no means of provid¬
ing accountability for damage to ecosystems as well as unre¬
stricted loss of fossils in the public trust.
A) Surveillance and Monitoring of Sensistive Areas
During our 1991-1992 surveys, 48 mi^ (30,720 acres) of
the Oglala National Grassland were surveyed. During the 1991
survey, approximately 20% of the land surface surveyed showed
151
Name* Hannan E. LaGarry-Guyon
. Univ. Nebraska State Museum
Affiliation:
physical evidence of illegal vertebrate fossil collecting.
Although important fossil material weathers from the rock
throughout the area surveyed, we designated some areas as
having special importance because of their exceptional preser¬
vation of fossils (Sensitive Areas). Of the Sensitive Areas
we identified, 28% showed evidence of illegal collecting.
Although White River Group rocks in the surveyed area are
normally very f ossilif erous , relatively few fossils were
observed during our survey. The Chadron Formation is most
heavily impacted by illegal collecting, although numerous
violations also were observed in the Brule Formation. This
situation is in part the result of the topographic expression
of the Chadron Formation which weathers as low hummocks and is
accessible to vehicles, whereas the Brule Formation forms
steep, relatively inaccessible cliffs. We observed, in addi¬
tion to the daily unauthorized removal of fossils from Toad¬
stool Park, three occasions where individuals in vehicles left
the vicinity upon observing our survey team. These observa¬
tions indicate that the illegal collecting of fossil verte¬
brates in this region warrants increased law enforcement
attention. At the conclusion of our March 1992 report to the
USDA Forest Service we offered several recommendations that
support this effort, including 1) additional surveys to define
areas of special sensitivity, allowing more efficient use of
law enforcement time, money, and personnel; 2) an increased
law enforcement presence on the Oglalla National Grasslands;
and 3) stiff er penalties to serve as a deterrent to illegal
activities .
3) Funding
A) Baseline Data Gathering Survey Costs
The total cost of our survey of the Oglalla National
Grasslands, including 1) detailed geologic mapping of fossil¬
bearing rock units; 2) detailed documentation and salvage of
jeopardized fossil specimens; 3) identification and documenta¬
tion of areas of special sensitivity; 4) detailed documenta¬
tion of evidence of illegal fossil collecting; and 5) a report
containing detailed maps and descriptions of the paleontologi¬
cal resources of the areas surveyed, was $0. 43/acre. The area
we surveyed is viewed by the paleontological and geological
communities as a valuable scientific resource. Areas not
having such significance might cost less to survey.
152
Name: Japheth B. Bovce
I n
nzr i) & c
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IE IK
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3)
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_ AfflliatlonAmerican Assoc, of Paleo. Suppliers
Fossil wars are dirty wars, much like tehhdhist warfare in Eastern
Europe with no regard for the rules of the Geneva Convention.
Warfare over traditional public land use versus avante-garde land use
is raging all across the United States today. At issue is whose
opinions on land use shall prevail and who shall make the decisions
that reflect those opinions. The polarization was so great at the
Governor's Confreence that any nuetral person was quickly pulled apart
by the di-poled armies. The flags being waved by the two camps are the
1987 NAS report and the 1992 Senate Bill 3107. (Which is a shame
because it was a conference hosted by state governments and attended,
for the most part, by state officials.) The differences are tremendous.
The NAS report is not written as a Bill because its recomendations can
be enacted as regulations by agencies as the BLM, NPS, USFS and others
immediately. The Senate Bill S3107 however, will take much time and
expense to become usable. The Baucus Bill resricts rights by stopping
the permitting of commercial collecting on Forest Service land. The NAS
report allows this to continue. The NAS report's ten recommendatipns
were approved by many groups; most notably the Society of Vertebrate
Paleontology who approved nine of the ten parts (#7 being the
exception ; see SVP Bulletin February, 1989). Only an extreme minority of
the SVP approve of the Baucus Bill and few groups and agencies see it
as usable.
Natural History museums and University Geology Departments need the
private sector to fuel them with specimens and funds because of the
lack of government support. The shortage of money is evidenced by the
sale of fossils by many regional museums during the last twenty years
such as The Museum of the Rockies, The Denver Museum of Natural
History, and South Dakota School of Mines. The financial future becomes
even more bleak when the 800, or so, selected elite are charged with
harvesting the fossils from the nation's 400 million acres of public
land. Fossils erode away, Paleontologists are strained, science suffers
and the public is poorer when suggestions such as the Baucus Bill are
implemented. (The six members of my family find it difficult to manage
the one thousand acres of our fossil localities on the family ranch; a
much smaller ratio.)
Philosophicaly , (politics and economics aside) there is no difference
between a commercial cement operation mining the limestone on Federal
land around Rapid City, SD and a commercial paleontological operation
-continued-
153
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^ 1)4,6
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■nr im
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T aJo,E
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(2)
Name: Japheth B. Boyce _
Afftliatlon:American Assoc, of Paleo. Suppliers
in the same quarry. One grinds the Permian fish into cement and sells
the fossils for financial gain and to aid society's construction; the
other collects the specimens intact and sells them for financial gain
and to aid society's science and education .( If the sale of fossils from
federal land is indeed illegal then many Museums, Universities, coal
mines, and rock quarries are in violation of the law and need to be
prosecuted . )
We have working commercial collecting laws now on a state level in
places as Florida, South Carolina and Wyoming. These state laws prove
that fossil are saved, science flourishes and an economic use of public
land prevails. We should be examining how these systems work and
translate them to a national level.
Anecdotal accounts of commercial collectors poaching from federal
land and poor techniques used on private land are exceptions. Just as
Museums and Universities that loose field notes, drop and destroy
specimens, and collect on private land without permission are
exceptions. You can prove anything through example. However, gratuitous
disregard for specimens and the information they hold is the crime most
people abhor.
I would suggest individuals notify "suitable instituitions" (Baucus
speak) of specimens found on public land. Also, invite them to join you
in the collection of specimens on private land. This will measure their
sincerity of scientific integrity and their thechnical accumen. If
reported specimens go uncollected and erode away; or data from existing
sites ignored obviously, perserving fossils and furthering science is
not at the heart of these institutions.
Dr. T. Sowell said it well in FORBES , "People are never more sincere
than when they assume their own superiority. Nor are they ever more
ruthless. J.A. Schumpter said that the first thing a man will do for
nis ideals is lie.
Disingenous words, twisted statistics and misleading lables are all
nart of the dirty war over cultural values. Cultural wars are so
iesperate because they are not about the merits or demerits of
Darticular policies. They are about the annoited's whole conception of
themselves-about whether they are in the heady role of a vanguard or in
the pathetic role of the pretentious and silly people, infatuated with
themselves . "
154
Collecting a fossil does not m nan that that area has been permanently cleared
of fossils. Vear after year more fossils come to the. surface through erosion.
Fossils should not be. left in the field to erode away just became so many have
been collected by museums that they no longer have any scientific value. Unless
collected, afte r a feo short month 4, on. yearn in some instance* , they one totally
worthless. At this point , do they have any value, eithen scientific on. far
enjoyment ?
Sctence in itself is not the only excuse fan. the collection o f foss ils. Many
one thing s o f beauty and interest and should be available fan. anyone to enjoy.
In my opinion , the vast majority of visitors to museums one interested in seeing
the specimens on display and have no interest whatsoever in the scientific data
derived from untold hours of study and speculation.
With regard to Jason Lillegra.v en' s comment that a fossil collected without all
the pertinent data to go with it is of no value for anything except to put on
the mantle; I would like to point out that we and most likely most other com¬
mercial fossil dealers have sold specimens in Denver and Tucson to paleontologists
for their own personal collections . I feel that it is higlly misleading far the
academic and professional (museum funded) paleontologists to imply that all
fossils should belong to the public when many of their own members have their
own private collections .
All of as are surely aware that all museums have vast warehouses of unprepared
fossils, many of which have been stored far many years. The position of the
academic paleontologist is that fossils should be enjoyed by all people and
not in private collections to be enjoyed by only a select few. Who is enjoying
those fossils still in their jackets and stored in the depths of a warehouse?
Those fossils in private collection would not be left unprepared and would be
enjoyed. Many people are first acquainted with fossils through private collec¬
tions and Gem and Miieral Shows. A good Gem and Mineral Show will spark more new
interest in fossils than museums could ever think of doing.
Is there anything in museums, with the exception of artifacts, that cannot be
owned by private individuals? Are you implying that anything worthy of being
in a museum should not be available for private ownership? Museums have many
beautiful invertebrate fossils, mineral specimens and rocks. Will they be next
on the agenda to outlaw?
Mary Peterson stated on KOTA News on August 20, 1992 that "they are stealing
these "artifacts" . Fossils are not artifacts l She also said, regarding the
Oglalla Grasslands: It looks like they have been out there with heavy equipment -
it looks like they might have been digging up dinosaurs . It is impossible to
believe that there would be a commercial or amatuer collector that would be
stupid enough to think that one could dig up a dinosaur with a backhoe or V-9 Cat.
Terri Liestman claims that she understands that fossils are even being ground up
into aphro des Zacs . By whom?
This country operates on a free enterprise system. The value of sales turned
over approximately seven times in a state like South Dakota is a very large
amount. Every time this money is turned over it generates more taxes for the
federal, state, and local governments . However, the proposals brought forth
at this conference and in S. 310 1 will only require that more tax money be
Spent instead of collected.
155
It appeaAA to bo a. contAaddctlon ^oh. the academic paleontologdAt to Aay that
hoAAllA aAe pAdceleAA and then complain about the high pAdceA hofl hoAAllA.
You can't hav e tt both wayA.
Public land clalriA cj to made h oft mdneAolA [gold, AdlveA, oil, etc,). They mo it
centadnly aAe not Aeneivable AeAouAAeA . Why not h°A fioulti? Why can’t public,
landi be leaded by both the h edooial and a tote goveAnmentA fcot the collection oh
hoAAllA? Then the goveAnmentA could be collecting mney dnAtead oh A pending It.
Maybe what we need Ia tome Ant.l-leg dilation. Why not make It Illegal to leave
gondii dn the gAound to eAode when they could generate Income faoA the Individual,
Atate, and fiedeAal goveAnmentA?
One ofi the podntA o h contention AeemA to be that many fioiidli aAe being A old
oveAieaA. In oua Avail way, the commeAcdal fioAAll dealeAA aAe helping thdA
countAy with ItA tAc.de deficit. Many fcoAAdli aAe being Aold to Japan and to
GeAmany and otheA countAleA; but many oh theh pAoductA aAe being Aold heAe.
Many InventlonA and dmpoAtant filndi have been made by thoie without advanced
degAeeA In theh fileldA oft expeAtdAe . What degAeeA did ThomaA Eddion hold.
MoAe cloiely Aelated to thdA fidoeld aAe WdlloAd L. PobcAtA and John SlnkankaA
whoAe booliA aAe uAed dn unlveAAltleA to teach mdneAology. Ma. RobeAtA alio
ddicoveAed and named many mdneAalA. To ddACAedlt him becauAe he did not have
any degAee dA unthinkable.
In Jack WoAneA’ a book "digging VdnoAanAA” he AtateA that the ddnoAauA'neAt he
hound woa oAdgdnally ^ou nd by an amatueA Aockhound who led him to the Alte.
Bob BakkeA AayA "we need all they eyeA we can get out theAe" . Anyone who Ia
willing to think about It will have to Aealdze that theAe aAe ^oa moAe AquaAe
mlleA oh potential hoAAdl Adah countAy dn thdA countAy than can poAAdhly be
coveAed by the paleontologlAt and muAeumA dn thdA countAy. We oa commeAcdal
hoAAdl collectoAA aAe willing to woAk with the AchoolA and muAeumA ; but we
don’t want to be totally excluded and tAeated oa the Acum oh the eaAth oa woa
ao ohten Implied at the conheAence.
W<t will woAk with the paleontologdAtA on any Item oh InteAeAt. We have given
ItemA to the School oh M IneA Muieum dn the paAt. We donated a Camel jaw hound
neaA Velmont - wheAe Ia It - wheAe dA the documentation ? How many muAeum’A
collectdonA weAe oAdgdnally pAlvate collectdonA ? Have theAe muAeumA tuAned down
collectdonA becauAe theAe waAn’t pAopeA documentation? It Ia an extAemely
eldtdAt po A It don to think that amatueAA and commeAcdal collectoAA aAe not hit
to collect and peApoAe hoAAllA.
The AalaAdjcA oh F oACAt SeAvdce peAAonnel, h^dcAal and Atate paleontologdAtA,
etc. aAe paid by the taxpayeA and theAehoAe they Ahould be the AeAvantA oh
all the people. Qua goveAnment Ia AuppoAed to be a democAacy , not a AocdaldAt
goveAnment wheAe evcAiythdng oh value Ia owned by the goveAnment. Aa AbAaham
Lincoln Aald dn the GettyAbuAg addAeAA "oh the people, by the people, and h°A
the people".
1 am a commeAcdal h°*>&tl dealeA who dealA dn InvoAtebAate hoAAllA. I am conceAned
about the Aun-away beauAocAacy and the coAtA to maintain It In thdA countAy.
Bonnie PlooAteA, Elk CAeek EoaaHa, HC 8.0 ~ Box 720 -50 , Piedmont, SV 57769
156
Name : H/jLvQ ^ ^ _
Affiliation: Po'fo/v'Mc
I 1) PUBLIC AWARENESS AND EDUCATION; INTERPRETATION
OPPORTUNITIES AND CHALLENGES. In my view the public in general knows far too little
when it comes to paleontology, even some of our elected officials invited and or attending this
conference did not know the difference between Archeology and paleontology. How anyone
can make good legislation with this little UNDERSTANDING OF the subject is gambling with our
freedom, our challenge is to educate the public on at least these basics and assume that the
majority will not get to see our museums, this is when outreach programs are needed.
12) PARTNERSHIP OPPORTUNITIES. Academic funds in museums and colleges are
dwindling. The sooner the academic and private/commercial groups start cooperating, the more
fossil treasures we all can save from erosion for the good of our children. If all of us collect what
is being DESTROYED on the surface and learn how to do it properly using proper guidelines
and field techniques, and making sure rare fossils are made available for study, museums,
universities and the public can only benefit from the tremendous increase in resources.
I 2) C) PUBLIC/PRIVATE Does 1 2) c) mean public/private land, AND owners?? This outline
is not clear enough! You will drive a wedge between private and government if senate bill 3107
is passed.
I 2) D) ACADEMIC/AMATEUR
I 3) A) 1 AND 2 Academic and armature relations can be vastly improved by museums and
universities contacting clubs and working with them. Teach them proper collecting techniques
also. They may be collecting on private land, but if they come across something worthy of being
of interest to a museum, would it not be nice to have good information with the specimen? What
if you need to use these people on federal land? They will already be trained.
I 4) A) ACADEMIC EDUCATION. Why is there not a heading in this outline for academic
education? Or, for that matter commercial collecting education. The If the academic side knew
everything that the amateur side knew, this whole conference could have been avoided. Many
(if not most) academic people hear mostly second hand poaching stories which does not apply
to law abiding citizens (even though its popular for academia to classify all commercial collectors
as poachers). Most of these academic people have come to the conference to hear both sides
of the story and yet you neglect to provide for their awareness and education!
I 4) B) COMMERCIAL COLLECTING EDUCATION. The commercial collectors could
have also used this heading. This is more evidence showing that the commercial collectors
were Ignored and never consulted during the outline of the AGENDA TOPICS for this “open
public forum”. Instead for trying to exclude the commercial collectors from collecting on public
land, there should be education on how to collect properly on the basis of science so the
science can advance. There should not be exclusion of education when there is a conflict of
interest which has happened in the past.. Keep in mind that the commercial collectors have
valuable collecting techniques to share as well.
II 1) C RESPONSIBLE MARKETING OF LIMITED RESOURCES This is a very
important point. Marketing takes place in whatever we do whether you are a museum in Chicago
or a rock shop in North Dakota. If museums do not market their recourses, money to run
museums will dry up and attendences will dwindle. Museums are often willing to sell a more
common fossil that that may be common to that museum . In the same token, they may need to
buy a fossil they don't have from another museum, or from a commercial collector. Weather you
are a museum or a commercial collector, your work does not come for free. Every preparator has
157
Name:_ Hal tfi\Lvc>(L^* ^ _
Affiliation: fpfz>n\/i<z MuSkrU^
to invest time into recovering an almost lost fossil to erosion. Responsible marketing ensures
that a fossil is not sold solely on the basis of unreasonable money one can obtain from a fossil,
but more importantly what is necessary to make sure the price is reasonable and does go to a
responsible cause. Selling a mounted dinosaur for 300,000 sounds like a lot of money, but
when you divide 15,000 hours of labor into that, plus field expenses and supplies, lab
expenses and supplies, this 300,000 dollar dinosaur is a reasonably priced dinosaur. Find a
museum that can do this cheaper.
II 2) SHORT TERM OPPORTUNITIES What on earth do you mean by short term
opportunities? 10,100, 1000, 10,000,000 years? I’ll tell you what is a short term opportunity.
The thousands of turtles and oreodonts that are destroyed and scattered each year by wind,
rain, and freezing temperatures in the bad lands every year!!! In the bad lands, we are talking
about weeks, not years to lose a fossil to the elements. Gone forever, never to be even seen by
people even 10 years from now. This is just one location in the United States. Other sites that
hold up better to these elements, but that does not excuse our irresponsibility to save these
fossils. Are the museums going to take all these fossils? I dont think its possible. Our public
deserves to have some of these treasures if they are common enough. With proper collecting
on federal lands through permitting for commercial and amateur collectors, all will benefit. Its the
proper guidelines that we should be striving for, not blanket exclusion that will show off our
overall ignorance. As far as international markets are concerned, do our museums have fossils
from abroad? you bet they do. Should foreign museums have the right to have American
fossils? Yes, within reason. Just because our economy is not good right now does not mean it
will stay that way. Passing bad laws for today could hurt us tomorrow when the economy
improves. Another point. Museums benefit from inheriting wonderful collections from the
private sector. A lot of the better fossils can and will find its way into the museums.
III 1) A ETHICAL DISPOSITION OF FOSSIL SPECIMENS This word “ethical" is a
dangerous word to use in the day where organizations are trying to exclude whole groups from
collecting fossils. In the name of what? Ethics? Would a museum that is in grave financial trouble
be able to take advantage of tax credits as mentioned in 3) TAX CREDIT IN LIEU OF
ABOVE What about the rancher that cant make ends meet. Can he use a tax credit when he
makes no money to credit in the first place? Be very careful in the laws that are passed not to
discriminate against the poor. Those who can afford it, can certainly afford to make donations to
the institutions of there choice. There are museums and colleges that do not take care of their
collections.
III 2) RESPONSIBILITIES OF FOSSIL COLLECTORS ON PRIVATE LANDS
This could also fall under III 1). I own land and have a feeling for what can happen to a landowner
and his interested visitors weather it be hunting, camping, fossil collecting, ect. I do believe that
land owners are constantly dealing with this problem and believe me, the misuse of one makes
trouble for all. For fossil collecting, I recommend following the AAPS (American Association for
Paleontological Suppliers) guidelines for collecting on private land.
IV 1) B NAS RECOMMENDATIONS FOR MANAGEMENT OF FOSSILS ON
PUBLIC LANDS I support the NAS guidelines in general and think the purpose of the
guidelines is right on the money. One thing that I would like to see changed is the idea that
fossils are a renewable resource. To me, Cambrian fossils or any other fossil from a period of
time cannot be regenerated.
IV 1) C SENATE BILL 3107 This is a bad bill. The writers tried to sneak it through and for
that reason alone its unacceptable. Consult the commercial/amateur sector on the next bill so
we can write a bill that is fair to all interested parties and our children. For this and other reasons,
Bill 3107 should be dropped.
158
Name:
Patricia M. Cheeseman
Affiliation: Brookings Area Gem and Min, Soc.
I. PUBLIC AWARENESS AND EDUCATION
3) Public Education
According to the opening remarks of S.D. Governor, George So Mic kelson,
"This (fossil) issue has generated a great deal more letters than any other issue
during ny past 6 years in office." This is an indication of the great need there
is for better and more widely disseminated information on the treatment and man¬
agement of fossils o How do we inform the public and shape their attitudes and
behavior? — Ask members of the media, they do it all the time! Cartoons and TV
comic "sit corns" have their place, but we need to make sure information given out
is accurate. A concept of time span and earth events, recorded in the stratigraphic
horizons of geological deposits must be shown in relation to changes in inverte¬
brate animals and plant life, to the advent of fishes, the first vertebrates,
through the amphibians, reptiles, mammals, primates, and eventually the Homo sapiens
or modern species of man. The proper background is necessary to foster respect for
all evidences of life on earth.
How can we conserve fossils and still share the knowledge and excitement of
seeing the remains of organisms that lived very successfully for hundreds of mil¬
lions of years? It is necessary to let people see genuine fossils and become
familiar with them. Even in large cities the average school child would be lucky
to get a visit to a paleontological museum ©nee during their public school years ;
with that visit lasting perhaps 2-3 hours at most. Field trips and transportation
means are difficult and expensive to arrange for all pupils. I believe most states
have at least a token program for sending out sample kits of fossils, etc., to
public schools. This type of outreach needs to be greatly expanded, with sequen¬
tial development for succeeding grade levels, through high school. As difficult
as it is to reach all children In or near a large city, it is a formidable task
bo extend this experience to schools not in or near a large city. There is a very
good argument for more museums in smaller town, where at least real fossils and
exact replicas may be seen and studied. Television and computer programs, as well
as films do help and are used, perhaps to esaeess. They are good sources for edu¬
cating pupils and teachers, if they are quality productions and can be worked into
the curriculum. Outside speakers may be excellent and yet are very inadequate if
you consider the percentage of pupils in the U.S. who actually get to experience
a presentation, and sadly, only a handful of adults will ever get to enjoy one.
The public must not be forbidden to seek and touch fossils, except in national
parks and monuments, or on private property without permission. They should be
encouraged to keep a watchful eye out for them and be able to recognize the differ¬
ence between potentially significant finds in stratified deposits that could be
iocumented as to location and age, and those random, disarticulated fossils no
Longer in situ, scattered in gravel deposits or in detrdtal materials. A well-
DroducecT ancTon-going educational program will be needed to raise public awareness
and to foster conservation and the intelligent study of fossils.
These comments are based on my own experience as a professional geologist with
the U. S. Bureau of Reclamation for 7 years, and as a middle school science teacher
for 20 years, now retired. I have given dozens of presentations to children and
adults outside my work schedule, tfy efforts to educate the public have been greatly
enhanced, by the availability of rock, mineral and fossil specimens, found by myself
or purchased from legitimate commercial paleontologists, professional in every
respect. Mjy undergraduate majors in anthropology and geology were from U.C.L.A.
and the Univ. of New Mexico, and ny MS+ was in biology, from South Dakota State.
University.
159
Name :
Patricia M. Cheese-
nan
Affiliation: Brookings Area Gem and Min, Soc.
IV. PUBLIC LAND MANAGEMENT
1) Senate Bill # 3107
As president of the Brookings Area Gem and Mineral Society, affiliated with
the Midwest Federation of Mneralogical Societies and the American Federation of
mineraiogical and Geoiogicai Societies, I protest, the principles and implications
of senate Bill # 3107, introduced by Senator Max Baucus. It is a threat to all
Americans, and may make all fossil collectors subject to search and seizure action
by iederal agencies. Over-regulation would prove to be costly and inefficient.
Tax dollars would be needed to subsidize a select group of paleontologists to per-
form government contracts for surveying and inventorying the countless square miles
of public mnd for fossils; additional moneys would be needed for enforcement and
prosecution of violators as well. The proposed bill 3107 would cause unnecessary
loss of citizens rights of access to public lands. If my child picks up a fossil,
both ox us may face felony criminal and civil charges. These could result in the
loss of my car, and unreasonable penalties of $10,000. and one vear in prison for
each fossil-related violation, and as much as $100,000 for subsequent violations.
Norst of all, 3.3107, should it become law, would prevent the early discovery
of hundreds of vertebrate and invertebrate fossils which are continually weathering
out of sedimentary deposits across the nation. If they are not discovered, docu¬
mented, and preserved, they will disintegrate and be lost to science forever. Law-
abiding amateur and commercial paleontologists would be prevented from helping to
save them by complicated permitting protocol. But the unscrupulous and untutored
vandals will keep on hunting surreptitiously and scavanging fossils with impunity.
As in the case of overly-strict gun control, only the lawful citizens would be
con .roiled — the outlaws will go underground and become an even greater threat,
uill 5. 31 07 promises incentives and opportunities to amateur and other private
paleontologists, but by the letter of the bill these "opportunities'* are virtually
It would be inappropriate to consider vertebrate paleontology in the same
light as archaeology — which findings are much more rare, and carry concomitant
human physiological, social, and religious significance0 It is likewise quite
inappropriate to consider "amateur and commercial" paleontologists to be neces¬
sarily unprofessional. Many of us have advanced degrees even though we may not
be presently employed by universities or the federal government. Through our
geological societies we perform many valuable volunteer services; educating the
public, giving presentations to groups of children and adults as well. We act
as guides on field trips, judge 4-H projects, donate trophies and awards, and
onate funds for scholarships. And perhaps the most important, we adhere to a
strict Code of Ethics. Geological society members have education as a primary
interest. We are not vandals and should not be treated as suchl
The United States does not need more government or more restrictions .
Such regulations would not have the positive results of an effective and on-going
puolic educational program on the si.gnif icance and preservation of our fossil
resources. Bill 3.3107 would cause excessive regulations at an exorbitant price,
and would be virtually unenf ore able . I urge your rejection of the oaucus Bill 5.3107,
160
Allen J. Kihm
Name: _ _
Minot State University
Affiliation: _
There are many important points that need to be addressed in any discussion of regulating fossil
collecting, not the least of which is the very real difference between abundance and rarity of
invertebrate, plant fossils, and vertebrate fossils. My comments concern vertebrate fossils unless
otherwise stated.
Scientifically valuable vertebrate fossils, with a few exceptions, are rare, a fact acknowledged by
the Committee on Guidelines for Paleontological Collecting of the National Research Council ( 1987, page
16) which stated "fossils of most terrestrial vertebrates are not common, and generally they have a
patchy distribution in stream and river sediments. Such unusual fossils deserve special recognition by
society and the scientific community" (italics are mine). Vertebrate fossils of limited scientific
importance, such as bone fragments and non-diagnostic elements which cannot be assigned to a
particular species, should be considered as a separate issue. These fossils often have educational value
and, in context, scientific value to indicate the presence or absence of fossil vertebrates.
The view that fossils are a renewable resource is a fallacy. By definition a renewable resource is
one which is naturally replenished by processes on the earth's crust. If all fossils were stamped from
the same mold like molecules of quartz, this view would have some degree of validity. However,
fossils are remnants of prehistoric life, and two facts should always be kept in mind. One is that time
is a non-repeatable phenomenon, the other is that all individuals differ from other members of the same
species. It is the understanding of these conditions that is the very basis of paleontology. Fossils are
perhaps the least renewable resource. No matter how long we wait, no additional dinosaurs will ever
be created, and the finite number of specimens which exists today, will only decrease.
Together with the fact that vertebrate fossils are rare, it must also be recognized that the existing
population samples of most vertebrate species are very limited. The majority of named species are
represented by fragmentary remains, partial skeletons in some cases, partial jaws or only isolated
teeth in others. The rare or uniquely preserved specimen offers opportunities for study which may not
be duplicated in several generations. The loss of even a single extremely rare specimen can
significantly hinder a scientific study. This loss may be due to natural forces, vandalism, or collecting
if the specimen is not available for study.
The nature of the debate of Fossils for the Future is the best method to preserve vertebrate fossils
for coming generations. How do we best serve the interests of our grandchildren and their
grandchildren? Science attempts to hold itself to a rigorous set of standards, to be objective in its
views, to be repeatable and testable. The only way in which paleontology can achieve this status is to
collect all of the pertinent data; geographic, stratigraphic, taphonomic, and sedimentologic, associated
with the fossil specimens, and to preserve the specimens themselves so that other scientists of this
and future generations can "repeat the experiment". Research collections thus differ from other
collections in their permanence and in the amount of ancillary data that is maintained. For a specimen
to be of scientific value, it must have the information of its context. Research paleontology is, by
definition, preservation of the resource.
Some collectors use the argument that it is better for someone, anyone, to collect a fossil rather
than to allow the specimen to be destroyed by the forces of erosion. If specimens not collected during a
particular season were destined to become dust within a very limited span of time, this argument might
have some weight. However, fossils have a degree of longevity, some more than others, once they are
near the surface and prone to erosion. This lifespan may be measured in a few years in the case of
some shells and plant remains. It may be measured in tens of years in the case of fossil bones. This
does not mean that a fossil bone does not degrade once exposed, only that it does not lose its scientific
value if it is not in pristine condition. Even a fragmentary specimen requiring extensive and laborious
reconstruction may have as much scientific value as a more perfectly preserved specimen. However,
a vertebrate fossil improperly collected, or collected without attention to the details of geologic
context, has forever lost most of its scientific value, regardless of how well preserved it is. The
collection of fossils without preservation of the pertinent scientific data is not truly preservation; it is
the waste of a non-renewable resource.
The final point I would like to address is that of collecting on public lands. The wise use of our
public lands should mean deriving the maximum benefit from the resource for the public. The true value
of fossils is in what they tell us about the past, not how much they can be sold for on the open market.
The maximum amount of knowledge comes from scientific study, not just immediate, but also that of
future generations. Paleontological studies today are based largely on collections that were made
161
Allen J. Kihm
Name : _
Minot State University
Affiliation: _
decades ago. It may take years to develop statistically valid populations, followed by additional years
for the research itself. In many cases, analysis of existing collections is not being done because too
few researchers exist. This does not mean that the collections lose their scientific value; specimens
retain their scientific integrity as long as they retain their documentation.
The commercial collection of vertebrate fossils on public lands poses a direct threat to research
paleontology. This does not mean that some specimens collected by commercial operations have not led
to scientific progress. It does mean that overall, opening public lands to commercial exploitation will
result in slower, less comprehensive research as specimens are sold to institutions outside of the
United States or into private hands where the material is not available for study. Commercial fossil
collecting does serve a valid purpose. But commercial collectors prize the best preserved specimens.
By removing these specimens, the scientific value of the remaining sample is degraded. We cannot
prevent important specimens from being lost to the forces of nature, but we should not promote the
loss of the resource by our land management policies.
The existing prohibition of commercial collecting on federal lands has not eliminated legitimate
commercial collecting. Private lands have been and will remain accessible to commercial, amateur and
scientific fossil collecting, provided the collector can reach an agreement with the landowner.
Commercial collectors have an advantage when dealing with private landowners because they have the
option of paying for the privilege. Academic institutions and museums do not have the financial
resources to compete in this way. This leaves public lands as the only lands where scientific research
can be conducted with the general assurance that the sample will be unbiased from the preferential loss
of some types of specimens.
The fruits of research are often slow to develop as the small bits of information are gradually
synthesized into a better understanding of earth's history. This becomes part of our education, at all
levels, and influences how we view our place in nature. Preserving these public resources for the
American people and promoting the maximum use of the material through research and education is the
best way to preserve this piece of our heritage.
162
Name: Peter L. Larson
Affiliation: Black Hills Institute
In a democracy, credibility and accountability are two attributes demanded of a leader. It is
only through our leaders, our elected officials, that we can hold the people in government
bureaucracy accountable. The government bureaucrats who planned the Northern Plains
Governors' Conference, "Fossils for the Future ", used the Governor’s names and office to give
the appearance of having elected officials involved in the discussion of public policy.
It seems that the organizers did not desire the Governors' active participation in the
conference since most of the Governors were not invited to attend until a few weeks before it
was to begin. To hold a Governors' Conference with no Governors in attendance is, at best,
misleading and irresponsible. In fact, reporters covering the conference were surprised to
discover there were no governors participating.
Governor George S. Mickelson, the host, through the hard work of his chief aid, Frank
Brost, was successful in bringing in the nations highest ranking paleontologist. Dr. John Pojeta.
Dr. Pojeta spoke about the status of guidelines for paleontological collecting on public lands.
Governor Mickelson stated in his opening remarks, "I believe the formation of public policy is
best accomplished through complete discussion of all pertinent issues." These comments could
have set the tone for a productive two days if the organizers had wanted a balanced conference.
Unfortunately, the organizers had a different agenda. The conference itself was a failure.
Over sixty people protested against the inequitable and unbalanced nature of the conference. A
free public meeting was held by the protest organizers, to give the public a chance to express
their views, without having to pay the $50 registration fee demanded at the conference. The
public meeting drew one hundred and fifty participants - as many people as attended the actual
conference. These citizens felt that the public should be involved in an open discussion of the
use of public lands.
The last day of the Governors' conference was the only day of the conference set aside for
actual discussion. The first day was devoted to registration and the second day was given to
speeches. The last day of the conference was cancelled because of the hostage incident.
Contrary to the purported reasons given by the organizers, who hailed the conference as an
open public forum, the real purpose of the conference was to write a report supporting S 3107
introduced into the U. S. Senate on 30 July, 1992 by Max Baucus of Montana. Public
statements such as, "We need legislation. These (fossils) are in short supply", by Terri Leistman,
Archeologist for the Forest Service, and chief organizer of the conference, illustrate the real
163
purpose behind the conference. Another conferee, Pat Leiggi from the Museum of the Rockies
in Bozeman Montana, lauded S-3107 during his speech at the conference (S-3107 was
introduced by Senator Max Baucus of Montana after being approached by Leiggi). Richard
Stucky, a participant from the Denver Museum of Natural History, said he supports the bill
"100%". The presence of Jan Campbell-Miller, from Senator Baucus’ staff and author of S
3107, is further evidence that this was the conference’s purpose. All the Issue Group
Chairpersons at the conference supported S-3107 with rhetorical, one-sided speeches. These
people all work for, or represent, tax- supported institutions — the same people and organizations
who would directly benefit from the passage of S-3107.
Simply put, these people did not want a public forum, but a venue for publishing this report
to lobby for S-3107. The purpose of this Governor’s Conference report is to supplant the well
reasoned National Academy of Sciences report entided, "Paleontological Collecting". Neither the
majority of paleontologists nor of the fossil collecting community at large supports S 3107.
However, the organizers now hope to salvage the conference by publishing this report. Of
course, if publishing a bunch of letters could have accomplished the organizers’ mission in the
first place, they could have saved the money spent to bring one hundred and three government
employees all the way to Rapid City, South Dakota.
The Federal bureaucracy is again using the governors’ names and office to give this report
credibility. We are depending on you to hold the bureaucracy accountable. This "Alice in
Wonderland" report, about a Governors' conference with no Governors, conferring at a
conference that never went beyond the looking glass, is incredulous.
This is an important issue to many people in this country. This topic was addressed in depth
by the members of the National Academy of Science Committee on Paleontological Collecting.
Those members included representatives drawn from the entire paleontological community and
the general public. The final recommendations of that committee adopted should be the basis for
any further discussion of fossil collecting on public lands.
164
Jan Baumeister
S . D . Representative , P.L.A.C.
Rocky Mt . Federation
I. Public Awareness and Education:
The fossil problem was first introduced to the public by a news
release ( AP Omaha) by Terri Liestman, US Forest Service, Chadron,
NE. It made accusations that "fossil thieves" have been digging
up and stealing vertebrate fossils from the grasslands and other
areas. This was a bad beginning and poor method used to alert
the public on matter of fossil resources as it has caused much
bitterness and controversary ! Not only that, via the media, the
commercial dealers have been given a bad name, merely because
they find larger specimens than the average museum possesses.
Later we hear that certain UNIVERSITIES do have PERMITS TO DIG
FOSSILS IN SOUTH DAKOTA and have been doing so the past couple of
years, and that one UNIVERSITY paleontologists and workers
collected in 1992 using very modern equipment to slice out the
fossils they were collecting! "Fossil thieves" blamed again! If
the present "permit system" was adequate, you'd think the
government officials would check first with paleontologists and
university officials who have been issued these permits to get
information as to "when they've collected fossils, what fossils
they was taken. and knowledge of the areas where fossils were
collected". All of this information compared with areas of
excavation found, before issuing articles of "fossil thieves" in
all the newspapers in the country.
Public awareness and participation in the knowledge of fossils
is needed, as well as non-profit "Save the Fossils" programs for
adult and teenage volunteers. Using volunteers would save state
money to be used in hiring more staff workers to prepare the
fossils instead of storing them in basements and storage areas
for dozens of years. It is usually the landowner or the amateur
that discover the majority of fossils in the first place, and
fossil must be collected as soon as possible after being exposed
to the elements or else they start turning back to dust
Conference and meetings held concerning fossil resources should
be open to the public to give a greater number of people from
organai zations , and landowners a chance to get involved.
Meeting/conferences should not be an expense to those who
participate and should be held in an auditorium, like the one in
the Rushmore Plaza Civic Center. It does not have to turn into a
biased affair, closed meetings one day, big banquet/party at
night, then finally, one day for open meetings that delegates or
persons from their affiliations can attend. Charging a fee to
get a printed document such as this and help with auditorium
rental is fair, but NOT fifty dollars per person!!. The
government employees and other professionals get their expenses
reimbursed, the rest of us do not, therefore, there is a lack
of fairness.
165
II. Economic Development, Long-Short Term Opportunities/Marketing
The National Forest and Grasslands, BLM lands are public land
set aside for multiple use and the fossil are a national
resource. Collecting on public lands should be on controlled
basis for all collectors; state paleontologist, commercial and
amateur collectors. Once fossil regulations and laws are passed,
such as the proposed NAS report, a compterized system could be
set up between the Forest Service or BLM; State
scientists/paleontologists/musuem directors for such a fossil
permit system. The special rare specimens to be collected by the
state scientists, and the non-rare plentiful specimens they do
not wish to collect, or sell; let the commercial dealers and the
amateurs get a chance to collect. It is better to have these
fossils preserved, placed in someone's show case, be given to
schools, or sold to other musuems or collectors than just let
them deteriorate insitu!
III. Private Landowners Rights:
At the Governor's Conference, the landowner report only spoke
negatively concerning the public, stating they tore down fences,
trespassed, etc. in areas where they live. We amateurs were not
given a chance to speak out. I have been a member of a gem and
mineral club and have hunted agates since 1972 and have never
heard of such reports in this area. We DO try to get names of
landowners and permittees and do ask permission whenever possible
in isolated allotments. We DO shut gates, pick up glass, wire
and in one instance, we saved the life of a valuable cow, who was
stuck in a hole in the wall of a badland butte! We have
established good public relations with permittees and district
rangers, as we are thankful to have such public lands to use,
and like to treat the land as if it were our own.
There is a need for rules established to protect the rights of
the landowner, as well as those who collect on private land to
prove he had permission to dig/paid money for the fossil, etc.
IV. Public Land Management/Legislation/Regulations
The NAS report on Fossil Collecting was a two year study made
by some of the top professionals in the field of fossils, along
with other scientists, representatives from the BLM and Forest
Service and the commercial collector. It is fair to all
concerned. State and government officlas should take another
look at this report. There are seven paleontologist societies
ih the U Sand even the "membership" of the Society of Vertebrate
Paleontologist approved every item but one. This issue still can
be worked out with government and state officials instead of
casting away this costly report.
Special fossil areas in public land could be fenced off for
easier monitoring, thus leaving the rest of an allotment open for
multiple use, limiting restrictions put on the whole allotment.
When certain trails get eroded after years of creek flooding, we
feel the Forest Service can use our tax money to spend a day
using a bulldozer to open up such trails for the public.
166
Name: STEVEN M. WALLACE
Affiliation: COLORADO DEPARTMENT OF TRANSPORTATION
The following comments represent my personal opinions and are
not intended to represent the position of the Colorado
Department of Transportation or the Colorado governor's
office .
PUBLIC LAND MANAGEMENT
Much of the controversy over Senate Bill 3107 has grown out of
misrepresentations of its impacts on existing policy regarding
fossil collection on Federal lands. S 3107 is less
restrictive than the Archaeological Resources Protection Act
of 1979 (ARPA) in that it allows amateurs as well as
professionals to obtain permits to collect fossils on Federal
lands. Amateurs will be allowed to keep fossils collected off
Federal lands with the understanding and knowledge that the
fossils remain in Federal ownership (i. e., they cannot be
collected for resale). There is even a single provision for
commercial collecting on Federal lands: collecting under
contract to recognized public repositories for deposit in
their collections. ARPA makes none of these concessions.
S 3107 pertains only to vertebrate fossils, not invertebrate
or plant fossils; the proposed legislation protects only those
fossils found on public lands. There is no restriction
proposed on hobby collecting of non-vertebrate fossils on
public lands. Furthermore, contrary to statements by some
commercial collectors, there is little if any sentiment among
professional and amateur paleontologists to extend similar
protections to vertebrate fossils on private lands.
One of the principal thrusts of S 3107 is that there is a
common bond between responsible amateur collectors and the
professional community that is not shared with the commercial
collecting community, that is, a sincere interest in the
scientific value of fossils. A concerted effort was made by
the professional community to reach out to the amateur
community at this conference (and, to a limited degree, vice
versa). Statements that have been made by some in the
commercial collecting community to the effect that the current
controversy is between the professionals (the so-called elite)
on one side and commercial and amateur collectors together on
the other side are simply media hype.
Underlying the whole S 3107 controversy, but nearly always
unspoken, is a basic split in philosophy regarding "public
ownership" of fossils on public lands. Some commercial and
amateur fossil collectors take the position that "public
ownership" of fossils on Federal lands means that each
individual person should be able to take any fossils he wants
for his own personal use and/or monetary gain. I believe that
most professional vertebrate paleontologists (including
myself) and many amateur paleontologists feel that public
167
Name: STEVEN M. WALLACE
Affiliation: COLORADO DEPARTMENT OF TRANSPORTATION
ownership of fossils means that they belong in reputable,
non-profit, public museums with staff (paid and volunteer)
competent to prepare and preserve the fossils so that they may
be seen and studied by interested parties, be they amateur and
professional paleontologists interested in detailed scientific
study of the specimens or members of the general public trying
to gain a broad, general knowledge of the history of life on
earth .
PUBLIC AWARENESS AND EDUCATION
Governmental/public museum/private citizen partnership
opportunities should be encouraged and funded by grants,
private donations, and tax revenues. The lunchtime
presentation on the Garden Park fossil area demonstrated how
cooperation among Colorado's amateur (Garden Park
Paleontological Society) and professional (Denver Museum of
Natural History) paleontologists and government (BLM) land
managers resulted in protection and recovery of the resource
in such a way that it can be used to benefit both science and
the public. CDOT looks forward to the initiation of efforts
to join with GPPS and DMNH in the future excavation of
vandalized dinosaur remains in CDOT ownership near Canon City.
The Colorado Department of Transportation (CDOT) has for
several years cooperated with an amateur group, the Friends of
Dinosaur Ridge (FDR), to enhance the scientific and
educational value of the Alameda Parkway dinosaur trackways
and the historic Yale Peabody Museum dinosaur bone quarries at
Morrison, Colorado. Both the efforts at Canon City (Garden
Park) and those at Morrison have been made possible in large
part by amateurs willing and eager to act as (1) scientists
and (2) custodians, rather than exploiters, of the resource.
ECONOMIC DEVELOPMENT
I was very impressed by the accomplishments of the Mammoth
Site of Hot Springs, South Dakota, Inc. I have advised the
Friends of Dinosaur Ridge (and would advise others) that it
should examine the Mammoth Site as one possible model for its
hoped-for visitors' center at Dinosaur Ridge. I also intend
to advise the governor of Colorado that this is the type of
paleontological economic enterprise that should be encouraged
by the State of Colorado because it protects the integrity of
the site and develops its scientific and educational values,
while providing an opportunity for scientific study, an
educational experience for the general public, and jobs and
revenues for the local area.
168
£KA Ml 59334
Name: _ Marsh all T .amhprt. _
Affiliation: Carter County Museum
Ekalaka, Montana 59324
III PRIVATE LANDOWNER RIGHTS
1) Rights aid Responsibilities of Landowners
A) The landowner also owns the fossils on his land. He is respon¬
sible for conserving both. He needs to understand that fossils
are a biological record of life on earth, and that the location
and manner of their burial and preservation is a geological
record of the earth itself. Therein lies the ethidal nature of
the owner’s decision as to how to care for and dispose of his
fossils so that no aspect of their value is mitigated.
2) Responsibilities of Fossil Collectors on Private Lands
A) To have landowner permission
B) To respect the land; minimize range damage
C) To be professional in all aspects of collection
D) To share fossil information with owner
E) To make the collected fossils readily available to the public
for study, and for exhibition if they merit it
3) Voluntary Registry of Fossil Localities
A) Good idea if the liandowner rights are safeguarded
4) Legislative Consideration for Landowner Protection
A) Landowner's standard fossil collecting permit similar to the
federal permit issued to collect on public lands
B) Establish provision for reimbursement to the landowner for
fossils collected on his land if they merit it.
169
Name :
TERRI L. LIESTMAN
Affiliation:
ROCKY MOUMTAIN REGION, USDA, FOREST
As the stewards of millions of acres of Forest System lands, the U.S.D.A.
Forest Service has identified a need to know more about vertebrate fossils
so we can better meet our management responsibilities. In fact, we believe
that failure to protect these irreplaceable public treasures could be
considered gross irresponsibility as land managers move into an era of
increased concern for fossil resources. Further, our imminent concern
extends into the next few years, since it is highly likely that laws and
regulations pertaining to fossil resources will be written on a national
and state level. It is essential that appropriate scientific consideration
and local involvement be incorporated into this legislation or it may not
effectively address the complexity of managing this very important
resource .
Interest in fossils has grown concurrently with the intensive marketing of
dinosaurs. This interest has resulted in a substantial increase in fossil
collecting by the scientific community, the commercial collector, and the
hobbyist. Vertebrate fossils are a finite, irreplaceable resource from
which carefully controlled excavation and scientific investigation can
reveal important information about long past environmental conditions.
Another equally valid consideration, of course, is the importance of fossil
resources to local tourism and economic development. Further complicating
factors arise since it is illegal to collect most fossil specimens on
public lands without a permit, and often there are few boundary designators
between public and private holdings. Although many agencies and states are
struggling to develop management strategies for this most important
resource, administrative coordination and enforcement has been inconsistent
and the loss of an irreplaceable public resource continues. Given the
range and diversity of issues, the goal of this conference is to establish
groundwork for a coordinated regional approach to integrate education,
economic development, and protection by considering the public and private
interests at the national, state and local level.
Since January of 1991 the Forest Service has been involved with the State
of South Dakota in the organization of this Conference because of a deep
concern for fossil resources. At that time five major topics were
identified as requiring further consideration. They are: Public Awareness
and Education, Conservation and Preservation, Economic Development
Potential, Private Landowner Rights, and Public Land Management Issues.
They remain the major focus of the Rocky Mountain Region's interest in the
paleontological resource issue.
The Northern Plains Governors' Conference: Fossils for the Future was not
organized to debate who should rightfully possess specific fossil
specimens. But the emergence of such newsworthy events points out the need
for an open forum which provides articulation and better understanding of
this and related issues. The Conference was organized to attempt to clarify
issues and raise awareness about fossil management. The goal of the
conference organizers was to provide a fair and open public forum where
land managers, professionals, commercial interests, and amateur
paleontologists could convene for the purpose of exchanging information and
identifying issues concerning management, protection, and economic
development issues related to vertebrate fossil resources. It was not
intended as a conclave where decisions would be made or regulations
written. While recognizing that it is unrealistic to attempt to "solve"
such difficult problems in the short time we met, it is the hope of the
organizers that the discussion initiated in Rapid City will add breadth and
depth to our understanding of the many complex issues associated with the
preservation of fossils for future generations.
170
Name: Jane P. Abbott
Affiliation: South Dakota State Archaeological
Research Center
PUBLIC AWARENESS AND EDUCATION
Academic/Amateur
Amateurs have played a role in many different branches of the natural and social sciences, such as astromomy
and ornithology, with varying degrees of receptivity from the professional community. For some reason, the field
of vertebrate paleontology seems to display the greatest degree of polarization between amateur and professional.
Both sides can give many and varied reasons why this has occurred and continues to occur.
As a vertebrate paleontologist working as an archaeologist I have heard double the complaints about amateurs
and professionals. I am frankly tired of all the bickering. All of us must realize that these attitudes have not
and can not further the science of paleontology. Below is a listing of some of the complaints I have heard from
professional and amateur paleontologists and archaeologists (the complaints are often the same). I’m sure all
of the complaints have been heard before by many and new ones could be added; it appears we all have some
of the same complaints against each other. Many of the complaints may be valid or at least contain a grain of
truth, whether we like it or not. The list of complaints illustates how much distrust there is between the amateur
and the professional in the field of paleontology. The accusations are:
Amateurs are "headhunters" and "looters"; people with little regard for the importance of science; people who
collect only what appeals to them, what is saleable. Amateurs collect without any attempt to use proper field
techniques. If a specimen is destroyed or damaged through improper handling, another can be found or bought.
Amateurs willingly destroy information for personal gain. Amateurs do not record any fossil field data, which
is not necessary anyway because the specimen will only gather dust on a shelf or be made into bookends or a
bolo tie. Specimens collected by amateurs are lost to science or worthless, because you can never trust an
amateurs data. Amateurs lack any understanding or even awareness of state and federal fossil protection laws.
Amateurs know the law but trespass on private or state and federal land anyway. You cannot trust an amateur.
Vertebrate paleontologists are "haughty" and "condesending"; people who talk down to amateurs if they will
talk to them at all. Professionals have row upon row of dusty fossil cases whose specimens never see the light
of day, never get displayed. If the scientists do publish they only isolate and confuse amateurs by using dry,
boring technical jargon which no one can understand. Vertebrate paleontologists only publish in scientific
journals to keep new developments and techniques out of the hands of amateurs. Professionals use state and
federal laws to threaten the amateurs personal collection, field areas, and all other aspects of their hobby.
Vertebrate paleontologists would use laws to "protect" specimens that will not be collected and will be destroyed
by nature. Professionals put money and reputation above the real interests of paleontology. It is the amateur
who is the true professional because he is the one truly committed to paleontology. The amateur is a better
authority on local localities than the "authority" at the museum.
I could attempt to address some of the above complaints but I will not. Name calling, by either side, cannot
help the cause of paleontology but only impedes it. We, as professionals must realize that amateurs are not
going to disappear just to make us happy. Nor are we going to beable to use laws to legislate them out of
existence; they are hear to stay. Grumbling and arguing has not worked, perhaps we should actually try to learn
to live with each other and find some common ground. We must learn to see the benefits of cooperation
between ourselves and the amateur. Conscientious amateurs can and do contribute a large amount of effort
towards collecting, public education, and yes, even scientific knowledge. Amateurs create interest that bring
students to the field and visitors to our museums. Amateurs donate collections to institutions. Amateurs make
professionals aware of many localities or important specimens that may go unnoticed. We must learn to pay
more attention to amateurs and their findings. We must listen to their questions and try to answer and educate.
There are many more amateurs out there than trained vertebrate paleontologists. Organized and educated
amateurs can find new localities, report abuses, and educate the public. Amateurs can offer an important
resource base for paleontologists working in the area. Think what a large group of organized, trained and
enthusiastic amateur allies could mean to vertebrate paleontology.
171
Name: Jane P. Abbott
Affiliation: South Dakota State Archaeological
Research Center
Amateurs are going to have to realize that the "good old days" of collecting are over and can not and should
not return. In the past collectors found nothing wrong with robbing indian graves and turning the bones into
combs and jewelry or dynamiting a competitors fossil collecting locality or taking the last of a species. Today
most of us recognize that such behavior is wrong. Collecting without a regard for laws, science, ethics or
morality is wrong. If you collect only for financial gain and with no concern for science or future generations
then you are nothing but a looter and a headhunter. The true amateur collects for the love of his hobby and
for its advancement. The laws are there now and will be enacted in the future because there have been abuses
by irresponsible amateur collectors. Amateurs must learn to police their own; those who collect illegally or use
improper techniques ruin the reputations of honest, educated amateurs. Amateurs must learn proper collecting
techniques and share what they have learned with others.
Let us all share the blame here, get past it, and put our differences aside. Working together we all can further
vertebrate paleontology as a science and that is, or should be, the ultimate goal of both of our groups.
172
Name: _ M Sez/T/ystoiOj- _
Affiliation; L{U' C^^OLoCiC^L.
PUBLIC AWARENESS AND EDUCATION
Cooperation between scientists, public land managers, and collectors
allows for a better understanding and interpretation of vertebrate fossils.
Through interagency partnerships public understanding can be enhanced
with public involvement of educational and interpretive activities. A fine
example of this kind of partnership (and one that should be emulated) was
the excavation and interpretation of an Allosaurus in northern Wyoming in
1991. This project involved scientists, land managers, volunteers,
educators, collectors, regional and national media, local museum
representatives, and the general public.
ECONOMIC DEVELOPMENT
With the fundamental premise that vertebrate fossiis are unique non-
renewable scientific resources, the issue of economic development must
be consistent with the conservation and preservation of these resources.
Although the issues of long- and short-term economic opportunities
associated with fossils can be debated, the "responsible use" of these
resources must be an overriding concern when discussing a fossil's
economic "value." Responsible use means minimizing the informational
loss of the resource.
Long-term economic development opportunities of vertebrate fossils are
easily consistent with the responsible use of the resource. Development of
interpretive paleontological sites can assist scientists and land
management officials to inform the general public of the significance of
fossils and the valuable information that they provide. Without this
knowledge, the true value (not in monetary terms) of the specimen is lost.
Interagency cooperation is necessary to responsibly develop the
educational aspect of the resource on public lands. An excellent example
of this was the 1991 excavation of a virtually complete Allosaurus. The
cooperative efforts of a variety of groups provided not only for the
efficient collection of the dinosaur and a unique educational opportunity,
but was also an economic enhancement for the town of Greybull, Wyoming
through tourism.
Probably the greatest controversy these days is the short-term economic
potential of vertebrate fossils. Commercial collectors and scientists
often have diametrically opposite views regarding the "value" of fossils.
Commercial collectors generally see the importance of fossils in terms of
their exhibit quality and monetary value. Most scientists look beyond the
superficial aesthetics of the material to the valuable scientific
information that can be attained from the fossil. Scientists usually do not
deal with vertebrate fossils as commodities.
173
Name &(Z£nT //■ SiZS/T/iALtr
Af filiation: U U/ G£0LD(->iC4L
Therefore, if vertebrate fossils are to be protected and managed on public
lands, long-term economic opportunities emphasizing public education and
interpretation are consistent with the minimization of information loss.
Short-term commercial opportunities are _ short-sighted in their view of
the value of the resource. Privatization of unique, nonrenewable, scientific
resources does not conserve the scientific integrity of the resource in the
best interest of the public.
PRIVATE LANDOWNER RIGHTS
Cooperation between scientists and land owners can be accomplished
through open communication and education of the needs and concerns of
both groups and a willingness to work together to protect the scientific
resources located on private land.
PUBLIC LAND MANAGEMENT
Clear, consistent legislation should be in effect to protect vertebrate
fossil resources on public lands. Existing regulations are inadequate for
the protection of these resources at this time. The amount of discussion
that has resulted from the NAS recommendations (at this meeting, and
others) clearly indicates that more work is needed. Senate Bill 3107
addresses the problems of protection of these resources on public lands
and should be supported. Misinformation campaigns regarding this
legislation are detrimental to the goal of resource protection. Until honest
cooperation and communication is accomplished regarding resource
protection of vertebrate fossils, the issues will continue to be polarized.
Apparent violations and noncompliance of existing regulations regarding
vertebrate fossils on public lands not only indicates that stronger, clearer
legislation must be put into effect, but also that that enforcement of these
regulations will pose many problems. Public land management agencies
should be commended for their energies in the management and protection
of these resources.
CONSERVATION AND PRESERVATION
Because vertebrate fossils are unique, nonrenewable, scientific resources,
the protection of this material is a critical concern. Fossils are the basis
for our understanding of past life and environments, and as such, provide
valuable information. The protection of this knowledge is paramount and
information loss should be guarded against, taking precedence over short¬
term or monetary goals. Detailed locality data is critical and should be
well documented, as well as the proper collection and curation of the
material. Scientists should be involved with the removal of vertebrate
fossils from public lands. Once collected, this material should reside in
a suitable, responsible paleontological repository.
174
Name: _ Scott E. FOSS _
University of Minnesota
Affiliation: _ _ _
Paieo-intern: Badlands National Park
In regard to proposed legislation to protect publicly owned fossil resources I
wish to offer some observations and one caution. First of all, there should be no
doubt that vertebrate fossils have scientific and educational value. The science of
vertebrate paleontology does not just include digging up fossils, naming them,
and putting them on display. That is only a portion of the science. The science
also includes analysis of the surrounding rock, census of associated fossils, and
comparative study of many similar fossils. The results of such studies give us
clues as to what the earth was like in the past. What was the climate like on earth
millions of years ago? Were there drastic changes then that may affect us today?
What can knowledge of the earth's history tell us about our own future?
Vertebrate paleontology addresses these questions. It is the result of this
exhaustive research that has lead directly to the "dinosaur revolution" we see in
3ur society today.
The educational value of fossils goes far beyond holding a vertebrate fossil
n one's hand and naming it or passing a shoebox of fossils around a classroom or
even visiting a museum to view mounted specimens. The result of detailed
scientific inquiry has educated us about past climates and ecosystems; results
which children are now learning about in their classrooms.
This scientific and educational use of vertebrate fossils stems from the
shared research of these fossils. Research is shared through scientific publications
and by comparative analysis of specimens. The science of vertebrate paleontology
requires access to undisturbed fossil beds, it requires detailed locality information.
175
Name: _ Scott F. Foss -
University of Minnesota
Affiliation: _
Paleo-intern: Badlands National Park
exact position and orientation, and a census of associated fossils. Furthermore,
scientific research, by definition, requires reproducible results.
Research that is undocumented, or worse incorrectly documented, is lost to
science. When the fossils are sold to non-scientific interests, they are also lost to
science. Comparative research cannot be conducted and results cannot be
verified. Selling fossils does a disservice to science and thus to the education of us
all. Furthermore, fossil collecting that is motivated by economic ends has proven
to be sloppy. Critical locality and associated information is not collected. Non¬
desirable specimens are often left behind and are sometimes destroyed to prevent
collecting by others.
Fossils on public land belong to the public. Scientific research and the
shared education it provides benefits the public greatly. However, fossils on
public land are threatened. Hundreds of tons of fossils have been poached from
public lands and are openly sold in Europe, Asia, and even in the United States.
A valuable scientific resource is being stolen from the people of the United States
and sold for personal profit. Public institutions need the ability to protect their
-esources.
I furthermore wish to caution us from viewing vertebrate fossils strictly as
an economic resource. Commercial sales have established monetary value for
ossils. Unique non-renewable specimens should not be valued monetarily. Let
us view fossils from a scientific and educational perspective and not as an
economic resource.
176
Thomas E. Casey
Attorney at Law
2854 Cambridge Lane
Mound, Minnesota 55364
September 30, 1992 (612) 472-1099
Fax: (612) 472-4771
Mary Peterson
Forest Supervisor
Nebraska National Forest
270 Pine St.
Chadron , NE 69337
Re: Northern Plains Governor's Conference - Fossils For The
Future
Dear Ms. Peterson,
Thank you for this opportunity to submit post conference
comments regarding "Fossils For The Future."
After reviewing the present law, listening to the comments of
the conference participants, and reading Appendix R of the
National Research Council's publication, Paleontological
Collecting (copyright 1987), it is my conclusion that the
paleontology community would greatly benefit from an updated
and concise manual on the present state of fossil collection
laws .
Moreover, the proposed Vertebrate Paleontological Resources
Protection Act or "Baucus Bill" (S. 3107) should have a
companion publication that accurately specifies how this
bill, if passed by Congress, would impact both current fossil
protection law and the science of paleontology. This
publication would clarify the misstatements and inaccuracies
I read in some of the literature distributed at the Fossils
For The Future Conference.
Only after complete and accurate information is available can
public policy be accurately debated.
I look forward to hearing your response in this regard.
Very-,truly yp-urs
Thomas E. Casey
TEC :rf
cc : file
177
Name:
Glenn C. Crossman
Affiliation:
amateur
IV) FJ3LXX LAND MANAGEMENT
l) Legislations and Regulations
A) Existing and Proposed
Current regulations are now too restrictive, and the proposed even worse.
Public Lands should be public lands — not just for a few vertebrate paleontologists
who feel they are God's Chosen Few. If the total 1200 were to collect 3 65 days
per year at 20 acres per day (which wouldn't give very thorough results), it would
take over 30 years to cover the areas once, and certainly not leave much time for
digging and preparation, not to mention scientific study. In the meantime, untold
numbers of valuable specimens' would erode and weather away. And this does not
include private land, which they also want to control. Even with all the amateurs
and commercial collectors (who have made a great many discoveries), these vast
areas cannot be properly covered, and a great many of their finds have ceen turned
over voluntarily in the form of localities and specimens.
If is is outlawed to even pick up a piece of fossil, where will the future
paleontologists come from? Certainly most dedicated individuals learned their
interest by finding a fossil at an early age. I would wager that not too many
who have never picked up a fossil would suddenly decide to major in it and make
it their life's work.
Under the "no touch" policy, parents wouldn't even be able to allow their children
on public lands for fear one might touch a fossil and be arrested. And they call
them "Public Lands1'.
I heard it stated at one of the BUI conferences that vertebrates should not be
exported — only casts. If casts are good enough for them, why not for us? Several
States also have the policy that "significant fossils" must remain in the State of
origin. Should we now have a nation of 50 Independent States, instead of the United
States? There should be free trade, not isolationism. Or, should the same apply
to zoos, gemstones, etc., etc.
B) NAS Recommendations for Management of Fossils on Public Lands
A scholarly document which should be adopted.
C) Senate Bill 3107
Totally unacceptable in most parts. Fossils are not artifacts.
2) Peimitting and Enforcement
B) Closure/Open Areas
Certain prime areas suitable for National Parks/Monuments should be set
aside, but only in rare cases. The balance should remain open for public
collection.
3) Funding
A through C) Costs
Should remain as is. Me certainly don't need more Government Agencies and
control, either from a cost standpoint or regulation. Under some of the proposed
regulations, costs and time delays would be prohibitive.
178
Name: Janet L. Whitmore
Affiliation: Museum of Geology, SDSM8J
PUBLIC LAND MANAGEMENT/LEGI SLATIONS AND REGULATIONS
Vertebrate fossils are non-renewable resources worthy of
protection. Unfortunately, current regulations controlling
vertebrate fossils on public lands are not sufficient to
guarantee their protection. Looting and destruction of
fossil localities continue to occur at alarming rates. This
vandalism results in the loss of scientifically valuable
specimens and the equally important scientific data related
to those specimens.
With few exceptions, it is generally agreed by vertebrate
paleontologists that the NAS recommendations outlined in
1987 are not sufficient to protect fossil resources on
federal lands. A more inclusive management plan consisting
of a formal permitting system is needed. The enactment of
governmental legislation, like the Vertebrate
Paleontological Resources Protection Act introduced by
Senator Max Baucus of Montana, would begin the process of
ensuring the protection of these resources.
The passage of such legislation alone would be the first
step in protection. Although the Archaeological Resources
Protection Act was passed in 1979, archaeological sites
continue to be vandalized. Like those initiated in the
field of archaeology, paleontologists must promote
educational programs to inform the public of the
significance of our nation's fossils and their role as
elements of our country's heritage. To accomplish this goal
we must address public attitudes toward protecting fossil
vertebrate resources for use in education and research.
Vertebrate fossils deserve protection at a level currently
unavailable under law. Bill 3107 introduced by the Senator
from Montana would provide that level of protection. We as
a nation are losing our national treasures; this situation
must not be allowed to go unchecked. We must safeguard our
fossil resources for the children of the future. Fossils
collected on public lands must remain the property of the
public and be preserved in public institutions in
perpetuity .
179
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180
Name:
Dr. James I. Kirkland
DINAMATION INTERNATIONAL SOC .
Affiliation: _
The fossil resources of the United States are important
sources of information for research and education about the history
of life in North America. Because of their relative scarcity,
vertebrate fossils in particular can not be considered renewable
resourcess which are continually being replaced by erosion of the
host rock. In the area of the eastern Colorado Plateau, large
quantities (tons) of dinosaur bone are collected yearly for making
jewelry. Areas that had once been covered by bone during the
uranium boom days of the fifties are now nearly devoid of any
visible fossils. These have not been replaced by newly exposed
fossils due to the slow weathering process. As vertebrate fossil
sites can only be recognized by exposed bone, many areas are no
longer recognizable as such. This is further complicated by
collectors burying sites for later collecting. Others sites have
been known to have been dynamited to obtain material to be sold by
the pound. Even commercial collecting for specimens is preferred
to this.
However, the motivation of collecting for the fossil object
rather than for the information pertaining to the object results
in a serious disparity in the data gathered on these non- r enewab 1 e
antiquities. Often there is more information preserved in the
broken scraps of fossils and the surounding sediment than in the
fossil itself. This valuable information is generally discarded
into the spoils pile. Without accurate stratigraphic and geographic
information the scientific value of the specimen is greatly
diminished. Inaccurate or false information is even worse when it
is published as fact. It can greatly influence ecologic and
evolutionary interpretations for decades.
The professional pa 1 eont o 1 ogi c researcher is severely
handicaped in comparison to the commercial collector in a number
of ways. The professional is employed primarily by major museums
and universities, which are generally far removed from the fossil
resources, unlike most commercial fossi 1 -hunters who live in the
heart of fossi 1 -bearing country. The professional paleontologist
operating under federal and state permits is required to submit
detailed reports and reclaim disturbed areas. Commercial collectors
generally avoid such requirements by collecting on private land or
in some cases illegally on public lands. Additionally, considerable
time is spent securing funding to support field crews and students
(more difficult with each passing year), as well as the regular
duties of teaching and developing exhibits. The commercial fossil-
hunter needs only to sell the bones to sustain a living. Finally,
progress and advancement for the professional paleontologist is
measured in published works and students graduated (a long and
complex set of processes undertaken over several years). The
commercial fossil -hunter progresses as fossils are collected,
prepared, and then sold. Thus, the per-person production of
prepared fossil material is much higher for the commercial fossil
hunter than it is for the professional paleontologist.
The popular vertebrate fossil exhibits at most national and
regional museums are important tools in attracting people to the
museum, many for the very first time. These museums bring in people
to their respective communities, but with decreasing funding levels
181
Dr. James I. Kirkland
Name:
DINAMATION INTERNATIONAL SOC.
Affiliation: _
do not have sufficient resources to purchase fossils for their own
exhibits. Most museums have strict policies against buying
antiquities of any kind. It is vital to preserve regions where
public museums and universities can conduct pal eontol ogic
expeditions and the kind of research that generates exhibits as a
by product. In areas, where fossil "trophy" hunting occurs it is
nearly impossible to conduct research that will generate unbiased
research results. For this reason many larger research institutions
conduct their major research outside the United States. In nearly
every country but the United States vertebrate paleontology trophy
hunting is illegal. Given the fact that there are no restrictions
for exporting fossils, commercial collecting is rising rapidly in
the United States.
In addition to the obvious scientific and educational
benefits, there are potential long term economic benefits to
protecting our fossil resources on public lands. Many of the very
significant vertebrate fossil localities could be developed into
interpretive centers for public education and continued research.
This has been successfully done with many great archaeologic sites
in the southwest. These interpretive centers would be magnets for
tourists, students, and researchers in regions that are often
finacially depressed. Examples of such interpretive centers are
Dinosaur National Monument, Fossil Butte National Monument
Florissant Fossil Beds National Monument, Cl evel and-Ll oyd 'Dinosaur
Quarry, the Ash Fall Quarry, and the Hot Springs Mammoth Site. The
development of such important sites can provide a structured
educational opportunity that would surpass any similar museum
experience. Furthermore the development of such interpretive
centers can be done in such a way as to preserve sites as natural
research laboratories for generations to come.
The protection of our national vertebrate fossil resources is
difficult at best. There is a need to first formalize the laws
protecting these resources with the PALEONTOLOGICAL RESOURCES
PROTECTION ACT and harsh penalties incured for those who violate
them. It is important that the regulations pertaining to this law
not be an unwarranted burden on the research community and be
applied consistently throughout the public lands. A strong
commitment at the federal level is crucial to the funding of
additional law enforcement personnel to administer the law. This
is relatively easy with the research community which supports and
will follow the regulations. Unless people are caught in the act
however, there is little that can be done to enforce any
regulations controlling the collection of vertebrate fossils on
public lands. It is difficult to see a huge increase in the budget
for patrolling the millions of acres of public land and without
increased monitoring there is little chance of catching someone in
the act .
Another strategy would be to control the sale and export of
fossils, much as is done with endangered species. These steps in
the exploitation of our vertebrate fossil resources occur at much
more fixed sites, which could be monitored more cost effectively.
This would insure that these resources will be protected for the
benefit of all Americans for untold generations to come.
182
FOSSILS FOR THE FUTURE
Comments to Discussion Group (never held)
by Steve Robison, USDA Forest Service
Although the work group discussions were not able to be held, I do have some concerns about the topic.
By training I am a professional vertebrate paleontologist, and becuase I work for the Forest Service, I would
have been involved in the Public Land Management group. However, I do have some concerns for the
conservation and preservation and economic development areas also. These will be dliscussed individually
(as much as possible).
ECONOMIC DEVELOPMENT
There is certainly a place in this world of ours for the commercialization of fossils, but that place may be very
restricted. In general, fossils on the public lands belong to the American public, not to the individual who
"finds" it. If we say it belongs to the individual, then we are opening up the land to something akin to the 1 872
mining laws. This promotes a multitude of potentail problems, most of which will be discussed in the Public
Land Management section. This allows someone to get economic benefits at the expense of the general
public. Unless this is controlled somehow (as with the mineral leasing situation, or public grazing - even
though it may be a rip-off) there could be some real problems. From a scientific standpoint, if there is
uncontrolled economic development, much, if not most, of the significant information associated with fossil
finds would be lost. High grading would probably become a standard practice because skulls and some other
elements are going to bring a much higher price on the market. If economic return is the only concern, only
the best material would be removed, at the expense of most of the scientific information and possibly the rest
of fossil material present. Because of the scarcity of much of the vertebrate material, prices could generate
considerable interest, considerable prospecting, and considerable problems.
Some types of fossils could certainly be developed economically, such as Green River fish, most inverte¬
brates, and many of the plants. Generally, however, fossil vertebrates should not be sold commercially. This
creates problems with private land rights; generally the fossils are considered to be the land owners property.
That opens a whole discussion of private rights, that I will not get into here. If, under the direction and "permit"
of a non-profit institution, the instutution (museum etc.) could "contract" with a comercial outfit for the
excvation and maybe even the preparation of paleontological specimens. This type of commercialism is totally
ligitimate (provided the contractor can do the excavation in a professional manner) in my mind and should
be allowed. This could also involve the use of a contractor to survey or prospect for fossils. This type of activity
does not lead to or promote a "black market" for fossils, yet still allows the commercial collector a chance to
operate. Again, the contractor must honest and reputable, or they will prospect for their own benefit and later
or up front take the best material for themselves. I do not see anything wrong with allowing a commercial
operator to prospect an area, and when something is found to try to find an institution to contract with them
for the removal of the specimen; removal could not occur until a ligitimate institution contracted for its removal.
Commercial enterprise could also be contracted for such things as molding and casting and mounting of
specimens, and developing displays. Again, with the molding and casting, the contractor must be able to do
the job without unnecessary damage to the original fossils.
183
I could go on and on, but time will not allow at this point. I would be glad to discuss it with you.
PUBLIC LAND MANAGEMENT
This is the area that I am most concerned about. If not careful we could creat a nightmare (it already exists
in some places) and suffer real resource damage if it is not done correctly. I certainly do not have all of the
answers. I think that the reason for the split oppinion of SVP and others is that they (collectors) all want to
be able to collect without constraint or responsibility. I would like to be able to go unimpeeded into my favorite
spots and to whatever I want, but there needs to be some accountability and controll. Part of the controll is
to protect the collector. An example, Brigham Young Univ. recently did some excavation on some Morrison
dinosaur bones (under permit with the BLM). Because of the nature of the excavation and time constraints,
the quarry had to be temporarilly closed because of a threatened species concern (as stipulated in theri
permit). When they were allowed to return to the quarry, it had been severly damaged, many of the better
specimens removed, and much of their work plundered by others. Even though this was under a permit, there
was still a problem. If there are no regulations, there would be no protection of one institutions work from
another party. Working under a permit system, tightly controlled, should help preserve the “rights" of all these
concerned - the institution, museum, commercial collector, general public, and land manager.
Legislation is definately needed that may be akin to ARPA (similar to or even the Baucus Bill). Without
legislation the land manager is very limited to what can be done to protect the resource and ligitimate users.
This would also require the congress to allocate funds for the management of fossil resources and allow the
Federal agencies to employ qualified paleontologists. This would also require the development of regulations,
policy, etc. Much needs to be done here, and much of it cannot be done without enabling legislation.
If the paleontological resource is to be protected for the use and benefit of all, it must be managed, at least
on Federal lands. The protection of other surface resources, as mandated by law, must be taken into account
when administering the paleo program. If there is no paleo program or controll of those doing paleo work,
whether hobby, commercil, institutionally, or whatever, the Federal land manager cannot fiil the land and
resource stewardship that they have.
I am out of time to go further into this now. I would be happy to talk to someone about it, and feel that much
more discussion is still needed. The first thing that needs to be done (one of the first things) is getting usable
legislation in place. I hope that we can all work together for the benefit of all concerned. It is needed.
184
Vincent L. Santucci
National Park Service
V. CONSERVATION AND PRESERVATION
Paleontologists are keenly aware that their attempts to understand events in
the history of life are limited by an incomplete fossil record. There is an
extremely low probability that the remains of an ancient organism will survive
to fall beneath the scientist's microscopic eyes. Predation, decomposition,
burial, compaction, mineralization, diagenesis, exposure, discovery, and
collection are just a few of the stages in the journey of a fossil. Each of
these hurdles diminishes the chances that any particular fossil may be
incorporated in the paleontological database.
Most of what is to be learned about the history of life still lies buried
within the earth. Well over 100 years of field collecting has rewarded us with
museums of fossil specimens. However, all known described specimens from the past
3.5 billion years are a minute fraction of all the described living forms on the
earth today. Paleontologists often need to travel from museum to museum during
their research to look at the handful of specimens available for a particular
taxon. Many fossil species are known from a single specimen.
The paleontologist is trained in both biology and geology. Fossils contain
both biological and geological information. The collection of fossils is more
than walking a ridge and picking up specimens. Valuable stratigraphic
information needs to be recorded accompanying any field collection. At time the
importance of recording detailed sedimentological , stratigraphic and geographic
data may not be recognized. Nevertheless, as new methodologies and technologies
evolve, we will realize how critical it is to obtain all information available
at the time of collection. Attempts to reconstruct information at a later date
incorporates practices less than scientific.
Many in the scientific community are becoming alarmed with the growing
commercial market for fossils. The widespread collection of fossils for sale as
art objects, curios or personal possessions place another hurdle in the journey
of a fossil and removes it from science. This dilution of a limited and non¬
renewable resource does not bring us any closer to understanding the record of
past life.
A vocal group argues in support of opening of our federal lands to unregulated
collection of paleontological resources. This non-conservation minded view is
short sighted and often fueled by greed. The exploitation of our fossil
resources to be sold as art is analogous to the slaughter of birds last century
to obtain feathers for the hat making industry. The economic gain in support of
social fads and trends is often at the expense of the natural world.
Some commercial collectors are cognizant of the necessity for detailed
documentation and have proven helpful to science. However, this practice is the
exception and not the rule. Many rock shops feature misident if ied fossils and
typically have scanty or no locality data. The opening of federal lands to
unregulated fossil collection provides no guarantees that detailed information
will be obtained or that rare specimens will be directed to benefit science.
In our attempts to find those few needles in the haystack, paleontologists
need more specific regulations in order to ensure that more fossil material will
be appropriately directed when discovered.
185
Vincent L. Santucci
National Park Service
IV. PUBLIC LAND MANAGEMENT
An ever expanding commercial market for fossils places increased pressure on
federal and state land managers to adequately protect paleontological resources.
Theft of fossils has been reported from lands administered by U.S. Forest
Service, Bureau of Land Management and even the National Park Service. It has
become readily apparent that there is a void in the current law and a need for
greater protective legislation to deter the illegal collecting of fossils on
federal land.
The 1987 National Academy of Science Recommendations for Paleonotological
Collecting on Federal Lands has proven unacceptable by many vertebrate
paleontologists and federal land managers. The document compromises
preservat ional and scientific ethics (and common sense) to support unregulated
and commercial collection of fossils.
Fossils are unquestionably non-renewable resources. They represent, in most
cases, the physical remains of extinct organisms from past geologic periods.
That means that there are a f inite number of specimens preserved and that "we are
not making any more folks"! Perhaps a business-minded person may view some types
of very abundant fossils as renewable (as they appear inexhaustible), however,
they are non-renewable in a scientific and resource management perspective.
It is extremely irresponsible of the NAS Committee to advocate a relaxed
regulatory authority for fossil collecting on federal lands. Apparently the
committee missed the point or do not understand the permitting process. A permit
is not merely a tool to control the collection of specimens in the field, it
serves as an important educational tool. The individual who desires to collect
fossils must be made aware that the fossils may occur in areas where other
sensitive resources may be present. The fossils may be adjacent to a breeding
habitat for an endangered species or overlap a significant archeological site.
Further, the permit should be designed to inform the permittee of other
regulations and laws that need to be complied with during any field work (i.e.,
no vehicles in wilderness areas; do not use explosives in public campgrounds;
etc . ) .
Senate Bill 3107, introduced on July 30, 1992, by Senator Max Baucus of
Montana is a very thoughtful document. The salient aspects of this legislation
include: recognition that the current legislation is inadequate; recognition that
fossils are non-renewable resources that have scientific and educational value
and are threatened; clearly states that commercial collecting on federal land is
prohibited; provides authority for vertebrate fossil permitting; recommends that
federal agencies recognize paleontological resources separately from cultural
resources; recommends the confidentiality of paleontological site data;
recommends the development of educational programs for the benefit or the public;
establishes a mechanism for investigation and prosecution of illegal
paleontological collecting on federal lands; and, increases the penalties and
fines for illegal collecting which will provide a greater deterrent given the
escalating commercial fossil market.
186
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188
Appendix A
NORTHERN PLAINS GOVERNOR'S CONFERENCE
August 24-26, 1992
( ) denotes page number of participant’s comments
Participant Names:
Greg Liggett (109)
Fort Hays State University
Eric Fritzsch
South Dakota School of Mines
Randy Elder
South Dakota School of Mines
Jim Shelden
USDA, Forest Service
Missy Mathis
South Dakota School of Mines
Liz Ohlrogge
USDA, Forest Service
Allen Kihm (161)
Minot State Univeristy
John Hoganson (99)
North Dakota Geological Survey
William Scheele
Northwest Museum National Hist.
Bob Drew
MCS Group
Pat Evans
MCS Group
Michael Sirbola
MCS Group
Louis Jacobs
Geological Sciences, SMU
Jim Madsen (95)
Curt Johnson
State of South Dakota
Rusty Dersch
USDA, Forest Service
Jim Martin
South Dakota School of Mines
Dr. Mike Nelson (131)
Northeast Missouri State Univ.
Ozzie Tollefson
Scott Foss (175)
University of Minnesota
Dan Grenard (103)
BLM
Jennings Floden (139)
Private Landowner
Shirley Floden (145)
Private Landowner
Dr. Greg McDonald
Cincinnati Museum of Natl. History
Paul Wegleitner
South Dakota School of Mines
Donna Engard (149)
Garden Park Palen. Society
Patricia Monaco (149)
Garden Park Paleon. Society
Carl Barna
BLM
189
John Pojeta (137)
Department of Interior
Jason Lillegraven
University of Wyoming
Patricia Cheeseman (159)
Brookings Area Gem & Min Soc.
Jan Campbell-Miller
Rep. - Senator Max Baucus
Tom King
USDA, Forest Service
Mollie Miller
SVP, N M Museum of Natl. History
Norman Smyers (119)
USDA, Forest Service
Marian Galusha
AMNH Retired
Charles Clay
Mammoth Site of Hot Springs
Doug Nelson (115)
Western Interior Paleo Soc.
JoAnn Kyral
National Park Service
Richard Stucky
Denver Museum
David Gillette
State of Utah
Wade Miller (123)
Brigham Young University
Deb Dandridge
USDA, Forest Service
Dave Pieper
USDA, Forest Service
Wade Winters
Urbandale High School
Dean Pearson (101)
Pioneer Trails Museum
Stephanie Bowman
Pioneer Trails Museum
Terry Schaefer (97)
Pioneer Trails Museum
Merle Clark
Pioneer Trails Museum
Marshall Lambert (169)
Carter County Museum
W.N. Dennsion
South Dakota School of Mines
Gary Johnson
University of South Dakota
Allen Schroeder
W.H. Over State Museum
June Zeitner (91)
SD Paleo Task Force
David Phelps (125)
WDG & MS
Alvin Albrecht (148)
W D Gem & Min
Will Hubbell
BLM
Dean Richardson
Utah Federation of Dino Lab
Nedra Richardson
Utah Federation of Dino Lab
Dixie Alf (127)
Rocky Mt. Fed. of Min. Societies
John Alf (127)
Rocky Mt. Fed. of Min. Societies
Mike Voorhies
Univ. NE State Museum
David Anderson (147)
Dakota Fossils
Jon Kramer (140)
Potomac Museum Group
190
Jennifer Wicklund (121)
Potomac Museum Group
Clayton Black (143)
Potomac Museum Group
Kathleen Heaney (141)
Potomac Museum Group
John Babiarz (133)
BIOPSI
Bill Alley
Private Landowner
Jim Schoon
Commercial Collector
Bonnie Plooster (155)
Commercial Collector
Brad Ross (117)
Commercial Collector
Helen Ross (111)
Commercial Collector
Wade Cuny
BIOPSI
Jim Carson
USDA, Forest Service
Glenn Crossman (178)
Greg Garon
Robert Farrar (135)
B H Inst, of Geol Res
Steve Robison (183)
USDA, Forest Service
Bill McClellan
ND Geological Survey
Robert Emry (113)
Smithsonian Institution
Brent Breithaupt (173)
WY Governor’s Office
Tom Kilian (94)
SD State Historical Society
James Kirkland (181)
Dinamation Inti. Soc.
Hal Halvorson (157)
Potomac Museum Group
Laurie Bryant
BLM
Ranel Stephenson Capron
BLM
Hugh Genoways
Univ. of NE State Museum
Vince Santucci (185)
National Park Service
Gael Summer Hebdon
Warfield Fossil Quarries
Alan Hanks
Mike Triebold (89)
Treibold Paleontology
Robert Reynolds
SB Co Museum
Jennifer Reynolds (93)
SB Co Museum
Japheth Boyce (153)
AAPS
Patrick Leiggi
SVP
Hannan LaGarry-Guyon (151)
Univ. of NE State Museum
Mary Peterson
USDA, Forest Service
Jane Abbott (171)
SDSMT/SARC
David Sims
RMFMS
191
Ray & Dorothy Boyce (105)
AAPS
John Foster
Mark Fahrenbach
SDSM&T, Museum of Geology
Anne Davis
Royal Ontario Museum
Stan Robins
Badlands National Park
Beth Griggs
D.L. Ellis
USDA, Forest Service
Terri Liestman (170)
USDA Forest Service
Sally Shelton (107)
University of Texas
Lance Tait
Univ. of CO at Denver
Virginia Euridge
USDA, Forest Service
Lora O’Rourke
USDA, Forest Service
Jerry Schumacher
USDA, Forest Service
John Donaldson
Badlands National Park
Barb Beasley
USDA, Forest Service
Karl Osvald
Tate Museum & Soc. of VP
Lance Rom
USDA, Forest Service
Frank Brost
SD Governor’s Office
Wilda Adams
Phil James
USDA, Forest Service
Mark Gabel
Black Hills State Univ.
Pete Larson (163)
Black Hills Inst, of Geol. Research
Rachel Benton
Fossil Butte NM
David McGinnis
National Park Service
Mitchell Mahoney
USDA, Forest Service
Jeff Parker
George Engelmann
Dept, of Geography & Geology
Susan Edwards
SD Dept, of Tourism
Tom Casey (177)
Jim Nelson (129)
Timber Lake & Area Hist. Soc.
Deb Cottier
NE Govenor’s Office
Darrell Sawyer
Sen. Pressler’s Office
James Heid
USDA, Forest Service
Warren Fast Wolf
Oglala Sioux Parks & Rec.
Curtiss Pourier
OST - GFW
Tony Wounded Head
OST - GFW
192
David Burnham (180)
BHI
Leon Theisen
Custom Paleo
Norman Rogers, Jr.
OST - GFW
Cindy Hornbeck
OST - GFW
Gerald Roy, Jr.
OST - GFW
Marilyn Dahm (112)
Mark Davis
NOVA - PBS
Jan Baumeister (165)
SD Rep - Public Lands Committee
Tommy Tibbitts
OS Parks
Anthony Smallwood
OST Parks & Rec.
Terence Thibeault
OST Parks & Rec.
Russell Fast Wolf
OST Parks & Rec.
Charlotte Black Elk
OST Parks & Rec.
Bob Childress
USDA, Forest Service
Thomas Conger
Janet Whitmore (179)
Museum of Geology, SDSM
Vic Reynaud
WIPS
Don Higgins
Daniel Varner
SDSM, Museum of Geology
Dr. Gordon Hubbell
Jaws International
Gregg Bourland
Cheyenne River Sioux Tribe
Marvin Liewer
USDA, Forest Service
Keith Ferrell (187)
OMNI Magazine
Steve Wallace (167)
Colorado Department of Transportation
Greg Garon
Timber Lake Area Museum
Irv Mortenson
National Park Service
William Akersten
Idaho Museum of Natural History
193
194
Appendix B
BUDGET FOR THE NORTHERN PLAINS
GOVERNORS’ CONFERENCE
INCOME
Fees
U.S.D.A. Allotment
Cosponsors
TOTAL INCOME
$ 8,135.00
$ 14,209.86
$ 1,250.00
$ 23,594.86
MARKETING
Brochure Printing, and Postage
TOTAL MARKETING
$ 754.79
STAFF
Salaries and Expenses
TOTAL STAFF EXPENSES
$ 5,091.77
EQUIPMENT EXPENSES
Logo, Registration Books, Signs
Banners, Est. Proceedings,
Film, Allosaur, etc.
TOTAL EQUIPMENT EXPENSES
$ 6,491.62
PRESENTERS
Travel and Educational
Program
TOTAL PRESENTERS EXPENSE
$ 7,436.07
SITE
Reception, Meeting Rooms,
and Luncheons
TOTAL SITE EXPENSES
$ 3,222.61
REFUNDS
Luncheon Refund and Registration
Refund for Two Speakers
TOTAL REFUNDS
$ 598.00
TOTAL EXPENSES
$ 23,594.86
INCOME AFTER EXPENSES
$ 0.00
vUS GOVERNMENT PRINTING OFFICE 1993-838-331
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